UK Government Declares Israel Not Committing Genocide in Gaza

The British government has officially declared that Israel is not committing genocide in its military operations in Gaza. This determination was communicated in a letter from then-Foreign Secretary David Lammy to the chair of Parliament's international development committee, dated September 1st. This represents a shift from the UK's prior position, which maintained that such a serious determination could only be made by a competent international court. It is the first explicit statement from the UK government that Israel's actions, despite facing severe criticism, do not legally constitute genocide under the 1948 Genocide Convention.

The letter, addressed to Labour MP Sarah Champion, acknowledged the UK's obligation under Article I of the Genocide Convention to prevent genocide if a serious risk is believed to exist. Lammy stated this duty was carefully considered during the government's preparations for a recent judicial review case brought by the Palestinian rights group Al-Haq, which sought to halt UK arms exports to Israel.

While acknowledging the dire humanitarian situation in Gaza and urging Israel to do more to alleviate suffering, Lammy outlined the legal basis for the government's decision. He emphasized that the crime of genocide requires a specific intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. The government concluded that Israel was not acting with this intent. He also noted that while the International Court of Justice (ICJ) had warned of a "plausible risk" of genocide in its preliminary ruling in January, it has not found Israel to be in breach of its obligations under the convention nor to be actively committing genocide.

The decision was met with approval from supporters of Israel. However, the manner of the announcement was criticized, with suggestions that it was intentionally obscured. The government was also accused of repeating slurs that heighten animosity towards Israel while failing to hold Hamas accountable.

Lammy's letter also addressed the issue of UK arms exports, specifically concerning the F-35 fighter jet program. He defended the government's decision to continue supplying parts for the global F-35 program, in which Israel participates, citing broad strategic security concerns, particularly in light of the conflict in Ukraine. He clarified that this strategic imperative was the sole reason for continuing exports to the multinational program, noting that the UK has halted all direct exports of F-35 parts for use by Israel.

The government's statement is expected to be a significant point of reference in the ongoing international debate over the legal characterization of the war in Gaza, providing a clear example of a key Western ally applying the strict legal definition of genocide and finding it unmet.