Officials were responding to a report by the UK’s International Development Committee.
The UK Government has expressed deep concern at the continued attacks on aid workers in war zones across the world.
Westminster’s International Development Committee has today published the Government’s response to its report on adherence to international humanitarian law (IHL).
In its report, the Committee raised concerns about increasing attacks on aid workers and efforts to undermine the safe delivery of aid, seen in highly dangerous conflict zones such as Gaza and Sudan, and criticized the Government’s lack of consistency in calling out breaches of international humanitarian law (IHL).
In its response, the Foreign, Commonwealth and Development Office (FCDO) agrees that the increase in incidents which harm aid workers are “deeply concerning”, emphasizing that IHL rules on the delivery of humanitarian aid “must be respected”.
However, it also says that it cannot provide a “running commentary” of possible breaches of IHL in conflict situations.
Harm to civilians and civilian infrastructure is a “tragic aspect of armed conflict”, but not proof in itself that IHL has been violated or that war crimes have been committed, it adds.
It also rejects the Committee’s recommendation that the Government legislate to place binding due diligence requirements on UK arms manufacturers, to prevent the export of UK made arms when there was a clear risk of these weapons being used in suspected breaches of IHL.
They say the Government’s own assessments through the Strategic Export Licensing Criteria would see licenses not granted where there was a clear risk of exports being used to commit or facilitate serious violations of international humanitarian law.
Today the Committee has also published Foreign Secretary David Lammy’s response to the Chair’s letter earlier this year regarding the UK’s arms exports to Israel. In his letter, the Foreign Secretary says the Government has carefully considered the risk of genocide including in its decisions regarding the export of F-35 components to the global programme.
While the high civilian casualties and extensive destruction in Gaza are “utterly appalling”, he says, the UK has not concluded that Israel is acting with specific “intent to destroy, in whole or in part, a national, ethnic, racial or religious group” as set out in the Genocide Convention.
With regard to the UK’s obligations under the laws of state responsibility, the Foreign Secretary said: “Despite the number of casualties and scale of destruction, the government does not have knowledge to the requisite degree specifically linking F-35 use to internationally wrongful acts in Gaza.
“I recognise that not everyone will agree with these conclusions, but they have been arrived at through detailed and careful ongoing assessments. I have been absolutely clear in my condemnation of the manner in which Israel is conducting its campaign.”
Sarah Champion MP, chair of the International Development committee, said: “I’m encouraged the Government has reaffirmed its commitment to upholding IHL and protecting aid workers, but that means little without action. Ministers have clearly taken our recommendations on board, particularly by pushing for greater accountability through the United Nations Security Council.
“The UK now needs to lead by example. “Concern” isn’t enough. What practical and radical steps will the UK take to stand up for IHL and ensure perpetrators are held to account? Past innovations aren’t enough; the Government needs to step-up if they are genuinely committed to stall this dreadful decline in respect for IHL and safety for aid workers.”
