More than 250 British lawyers, including eminent KCs and professors of law, have called on the UK government to press for a ceasefire in Gaza, saying serious breaches of international law are being committed.
The lawyers have written to the prime minister, Rishi Sunak; James Cleverly, the foreign secretary; and Grant Schapps, the defence secretary, setting out what is in effect legal advice regarding the Israel-Hamas war.
It comes as political leaders are facing growing demands to call for a humanitarian ceasefire to allow essential aid for civilians to enter the Gaza Strip. Oliver Dowden, the deputy prime minister, said on Thursday that the government was pushing for “pauses” in the bombardment, but did not support a “wider ceasefire”.
Keir Starmer is also facing mounting pressure from all wings of the Labour party. Nearly a quarter of Labour MPs have called for a ceasefire in Gaza.
The signatories to the open letter include Geoffrey Bindman KC, Andrew Hall KC, a former head of the Criminal Bar Association, and Theodore Huckle, former counsel general for Wales, along with KCs, partners and directors of law firms and professors of law.
They say the UK government must “take urgent steps” to ensure it complies with its obligations under the Geneva conventions not to encourage, aid or assist violations of international humanitarian law by other states.
The government should exert its influence to press for a ceasefire and for the immediate resumption of food, water, medical and fuel supplies to Gaza, their letter says.
The lawyers also urge the government to stop the sales of arms to Israel, which may be used in the commission of serious violations of international humanitarian law.
The 10-page letter provides detailed analysis of the Israeli government’s actions in Gaza since Hamas launched its deadly assault on Israel on 7 October.
The atrocities committed by Hamas were a serious breach of international law, it says, but the letter adds: “The commission by one party to a conflict – including an armed group – of serious violations of international humanitarian law does not, however, justify their commission by another party.”
The “sheer scale of the loss of life and injury in Gaza, particularly to women and children, with the widespread damage to civilian objects and infrastructure”, indicates clear violations of international humanitarian law.
The letter cites statements by senior Israeli government and army officials, such as Yoav Gallant, the Israeli defence minister, declaring that he has “released all restraints”, that the Israeli military are “fighting human animals and will act accordingly”, and that the plan is to “eliminate everything”.
The letter says: “Such statements indicate an intention not to be bound by the fundamental principles of international law, and an intention to engage in unlawful collective punishment.”
It adds: “The starvation of a civilian population as a method of warfare, including wilfully impeding adequate relief supplies, as Israel is doing in Gaza, is strictly prohibited under customary international law … and constitutes a war crime.”
Bindman said: “This is an important alert from many members of the legal community that serious breaches of international humanitarian law are now occurring in Gaza and that the UK government is legally obliged to respect and ensure respect for international humanitarian law in all circumstances.
“This means the UK government must use its influence both to prevent and to bring to an end violations of that law by Israel as well as Hamas.”
Stephen Kamlish KC, another signatory to the letter, said Israel’s response to Hamas atrocities “may amount to war crimes”.
“These include its blocking of food, water, medicines and fuel, the essentials for survival, and the targeting and bombing of residential areas and civilian escape routes. It is very difficult to conclude otherwise than that Israel is engaging in unlawful collective punishment of the Palestinian population.”
Laura Dubinsky KC said there were “grave moral and legal implications of the conduct of Israel’s military operations in Gaza which are, as the death toll and the sheer level of destruction show, impacting civilians disproportionately.”
There has been growing criticism from legal experts over Israel’s actions in Gaza. Prominent legal scholars from around the world were among hundreds of academics who signed a public statement on 15 October warning of the possibility of genocide being committed in Gaza.
Lord Neuberger, a former president of the supreme court, was one of eight eminent Jewish lawyers who warned Israel that it must abide by international law obligations in its operations in Gaza.
