Al-Haq, an independent Palestinian non-governmental organisation will tomorrow, Tuesday 24 February 2009 begin historical legal proceedings against the Secretary of State for Foreign and Commonwealth Affairs, David Milliband, Defence Secretary, John Hutton and Trade & Industry (now the Secretary of State for Business Enterprise, and Regulatory Reform), Peter Mandelson.
Al Haq are making an application for judicial review of a policy decision by the three Secretaries of State that they will not change their position with respect to the UK’s relations with Israel so that the UK Government is fully compliant with international law.
The UK’s international obligations insofar as the attacks on civilians in Gaza are concerned include not rendering aid or assistance to Israel or recognising the illegal situation it has created in Gaza, and to co-operating with other states using all lawful means to bring the situation to an end.
In relation to the UK’s obligation not to render aid or assistance is concerned it should be noted that in the first quarter of 2008 there was a huge increase in the amount of arms related products to Israel approved through the UK arms export licensing system. The amount approved was £20m. By way of comparison, the amount approved for the whole of 2004 was £12m.
The papers on an application for judicial review are being lodged on 24 February in the High Court of Justice by Phil Shiner of Public Interest Lawyers prior to the press conference being held that morning at 11.00am.
Shawan Jabarin, General Director of Al-Haq, which works to protect human rights in the Occupied Palestinian Territories says
“Considering the UK’s historical role in the region and its continued arms sales to Israel, Al-Haq has come to the UK with the belief that the judicial system of the UK will provide, at the very least, hope for the Palestinian people and again provide meaning to the principle of justice and international law. The time for hiding behind words has ended. ”
Phil Shiner (Public Interest Lawyers) who is leading the case on behalf of Al-Haq says
“The UK has clear international law obligations to do something effective to stop Israel’s attacks on Palestinian civilians. It must cooperate with other states using all lawful means to bring the situation to an end and it must stop giving aid and assistance to Israel. This means that the UK’s continuing policy of arms trading with Israel is completely out of bounds, as is our role in continuing with the EU preferential trading agreement. The point of this case is to make the Government focus on what it is legally obliged to do, beyond ineffective hand-wringing pleas for Israel to behave properly, which, to date, have fallen on deaf ears.”
Mary Nazzal-Batayneh, Chairperson of the Board of Trustees of the Human Rights Legal Aid Trust which launched the Gaza Legal Aid Fund to fund legal actions by Palestinian civilians says:
“We have been very encouraged by the global support for the Gaza Legal Aid Fund which seeks to provide Palestinians with the much needed financial assistance to be able to access international courts of justice. Israel and its allies must be sent a clear message that they are not above the law; that they are not immune; and that they will be held accountable.”