Dear Constituent,
Thank you for contacting me about the Israel/Palestine conflict. The following sets out my views on a range of issues which have been raised with me over recent months.
The UK's position, which I support, is clear and longstanding. There should be a negotiated settlement leading to a safe and secure Israel living alongside a viable and sovereign Palestinian state, based on 1967 borders with agreed land swaps, Jerusalem as the shared capital of both states, and a fair and realistic settlement for refugees. The UK Government consistently calls – both bilaterally and via the UN – for an immediate end to all actions that undermine the viability of the two-state solution.
I welcome both Prime Minister Lapid and President Abbas' comments in their support for a two-state solution during their statements at the United Nations in September 2022. The challenges facing a two-state solution, however, remain significant and the UK continues to urge all parties to reduce tensions and avoid de-stabilising unilateral actions. Indeed, when the Prime Minister met with his Israeli counterpart, Benjamin Netanyahu, on 24 March, he re-emphasised the UK's long-standing position.
The UK has said that it will recognise a Palestinian state at a time when it best serves the objective of peace. Bilateral recognition in itself cannot end the occupation; in the absence of a negotiated settlement the occupation and the problems that come with it will continue.
In the interim, therefore, the UK, working with allies and the wider international community, will do all it can to facilitate renewed cooperation and substantive negotiations between Israelis and Palestinians. As part of these efforts, the UK will continue to call on both sides to desist with immediate effect from all activities that undermine progress towards a peaceful two-state solution.
Occupied Settlements in the Occupied Palestinian Territories and the demolition of Palestinian homes, including Sheikh Jarrah and Masafer Yatta
The British Government condemns the demolition of Palestinian homes and the construction of Israeli settlements in the Occupied Palestinian Territories (OPT)s. Indeed, the UK is clear that these actions cause unnecessary suffering to ordinary Palestinians, call into question Israel's commitment to a viable two-state solution, and, in all but the most exceptional of cases, are contrary to International Law. Settlement expansion is also counterproductive in light of the normalisation agreements reached between Israel, the United Arab Emirates, Bahrain, Sudan and Morocco. I join ministers and officials from the UK Embassy in Tel Aviv and at the UN in calling for both of these actions to cease with immediate effect.
Israelis and Palestinians both deserve to live in peace, with equal measures of freedom, security, and prosperity and, therefore, the UK Government consistently calls – both bilaterally and via the UN – for an immediate end to all actions that undermine these values and the viability of the two-state solution.
The Government repeatedly raises our opposition to these actions with the Israeli authorities, both bilaterally and in cooperation with like-minded diplomatic partners, including at a Ministerial level. The UK also regularly makes our position clear on the world stage, including via the main organs of UN such as the Security Council, Human Rights Council and General Assembly.
In relation to Sheikh Jarrah, the UK’s opposition to evictions of Palestinians from their homes is long-standing and well known. The UK is clear that, in all but the most exceptional of circumstances, evictions are contrary to International Humanitarian Law. The practice causes unnecessary suffering to Palestinians and is harmful to efforts to promote peace.
The UK opposes the evictions on the Masafer Yatta. The Minister of State for the Middle East, Lord Ahmad. reiterated this position to Israeli Foreign Minister Cohen during his visit to Israel and the OPTs in January, at which time he also visited a UK-donor funded school in Masafer Yatta. Lord Ahmad has also raised the issue of demolitions with Israeli Ambassador to the UK, Tzipi Hotovely, in subsequent meetings.
The role of Hamas
The UK position on Hamas is clear: the Government condemn Hamas' attacks against civilians, which are unacceptable and unjustifiable. The UK continues to call upon Hamas and other terrorist groups to permanently end their incitement and indiscriminate rocket fire against Israel. Hamas must renounce violence, recognise Israel and accept previously signed agreements.
In line with this, the UK continues to call on all parties to maintain a cessation of hostilities, facilitate humanitarian access in and out of Gaza, and find a durable solution to the Israeli-Palestinian conflict which will deliver a sustainable and just peace.
International trade/trade deal/importation of goods
On the issue of bilateral trade, the UK does not recognise the OPTs and settlements there as part of Israel. While it is ultimately a decision for an individual or company, the UK Government neither encourages nor offers support to individuals or companies who operate in settlements in the OPTs. Goods from settlements are not covered by the UK-Israel Trade and Partnership Agreement and do not receive preferential tariff treatment.
The UK has no plans to ban imports from the Occupied Palestinian Territories. As indicated above, goods imported from the settlements are not entitled to preferential treatment under the UK-Israel trade and partnership agreement, and the UK also supports accurate labelling of settlement goods so as not to mislead the consumer. The UK’s position on settlements is clear: they are illegal under international law and present an obstacle to peace and only Israeli goods originating from the state of Israel will be covered by the new UK-Israel free trade agreement.
The Government advises British businesses to bear in mind its view on the illegality of Israeli settlements in the OPTs under international law when considering their investments and activities in the region.
In relation to a future trade deal, the UK-Israel Trade and Partnership Agreement (TPA) was signed in 2019 and entered into force in January 2021. This is a continuity agreement, replicating the arrangements in place while the UK was a member of the EU.
Israel and the UK already boast an impressive trading relationship, worth £7 billion. Nevertheless, our existing TPA has somewhat limited provisions and is not designed for a digital age. It is for this reason that I think the time has come for an enhanced trade deal, that is better suited to the strengths of our two economies. For example, the UK and Israel are both service-led economies, with 80 per cent of the UK's and 78 per cent of Israel's value added coming from this sector, yet services trade only makes up just over a third of total trade between our countries. Modelling by the Department for Business and Trade suggests that an agreement on services between the UK and Israel could increase UK services exports by around £78 million.
I am therefore glad that ministers are working to achieve a new, upgraded UK-Israel Free Trade Agreement (FTA); one that reflects the realities of the 21st century and allows us to take advantage of future innovations and increase digital trade.
Of course, a modern new agreement must work for consumers, producers, investors, and businesses alike. In line with this, the UK's negotiating objectives have been informed by the Department's Call for Input, which requested views from a variety of stakeholders across the UK on their priorities for an enhanced UK-Israel trading relationship. The Government remains committed to upholding our high environmental, labour, public health, food safety and animal welfare standards, alongside protecting the NHS.
Indeed, the UK takes seriously its international commitments and obligations, including on human rights, and will continue to speak frankly about these issues with Israel through ministerial and diplomatic channels. Before any agreement with Israel can take effect, it will of course be subject to Parliamentary scrutiny in the usual ways and, naturally, the Government will not agree to any deal that does not reflect our country's best interests.
The Foreign Secretary hosted his Israeli counterpart in London on 21 March to sign an ambitious landmark agreement that will define bilateral relations between their two countries until 2030. The agreement contains detailed commitments for deepening cooperation across the breadth of the Israel-UK relationship, including on trade, cyber, science and tech, security, health, climate and gender and much more. I welcome this move and the trajectory on which it sets our two nations.
Furthermore, the Prime Minister most recently hosted Israeli Prime Minister Benjamin Netanyahu on 24 March 2023 to welcome the signing of this modern free-trade agreement, as well as to discuss shared security and defence challenges, including Russia's illegal invasion of Ukraine and the threat posed by Iran to regional stability - PM meeting with Prime Minister Netanyahu of Israel: 24 March 2023 - GOV.UK (www.gov.uk)
Gaza
Gaza’s humanitarian situation remains deeply concerning. The difficulties are exacerbated by restrictions on movement and access to the Gaza strip. However, I welcome the announcement of a ceasefire between Israel and militant factions in Gaza, brokered by Egypt. I hope this ceasefire is honoured to prevent the loss of further civilian life.
I am assured that the UK regularly raises with the Government of Israel the urgent need to ease all access and movement restrictions on Gaza, in accordance with International Humanitarian Law. Ministers and officials continue to stress the damage that these restrictions are doing to the living standards of ordinary Palestinians in Gaza and that supporting legal trade for Gazans is firmly in Israel's long-term interests. The UK Embassy also regularly raises the importance of access to healthcare, including critical health services, with the Israeli authorities.
Restrictions on movement impact infrastructure development, the delivery of vital humanitarian services, and limit the professional development of health and humanitarian workers. The UK continues to urge Israel to ensure humanitarian access into and out of Gaza, including for essential health services. The UK is also a longstanding supporter to the UN Relief and Works Agency, which provides core services, including healthcare to Palestinian refugees in Gaza.
EDM 1415 - Jenin
I do not, as a general rule, sign EDMs and as a result, I will not be signing the EDM referred to in your email. EDMs have no prospect of changing the law, are seldom debated and do not raise the profile of an issue with a minister, however, I have set out my views below.
I extend my sympathies to those who have lost loved ones amidst the violence in Jenin. His Majesty’s Government continues to stress the importance of the Israeli security forces providing appropriate protection to the Palestinian civilian population, particularly the need to protect children. His Majesty’s Government also regularly raises the importance of the Israeli security force's adherence to the principles of necessity and proportionality when defending its legitimate security interest.
In instances where there have been accusations of excessive use of force, His Majesty’s Government advocates for swift and, transparent investigations. The Minister confirmed this once again on the 28th June 2023 in response to a Written Parliamentary Question when he said “We regularly raise the issue of the numbers of Palestinians killed and injured by Israeli Security Forces in the West Bank with the Israeli authorities. Israel has a right to self-defence, but it is vital that Israel's security operations are in line with international humanitarian law, including the principles of proportionality, distinction and necessity. When there are accusations of excessive use of force, we urge Israeli authorities to carry out swift, transparent and thorough investigations and, if wrongdoing is found, that those responsible be held to account.”
Human Rights Defenders (HRDs)
Human rights and civil society organisations have a vital role to play in the development of thriving, open societies. Israel's longstanding commitment to democratic values is one of its great strengths as a fellow democracy, and ministers continue to make clear that a strong, vibrant civil society is in Israel's own interest.
The UK is concerned about the challenges facing HRDs and organisations operating in Israel and the OPTs. Ministers and officials continuously urge the Israeli Government to respect the fundamental rights and freedoms of HRDs and organisations, of which the Foreign, Commonwealth and Development Office is a fervent champion everywhere. The UK has also raised concerns with the Palestinian Authority about the treatment of HRDs in the West Bank.
During her visit to Israel and the OPTs in June 2022, the then Minister for the Middle East met with HRDs, journalists and civil society organisations to discuss the pressures they face. It is of utmost importance that the Government of Israel and Palestinian Authority allow human rights organisations to operate freely.
In addition, I can assure you that reports of ill-treatment of those in Israeli military detention is not something the UK takes lightly. In terms of prosecution, it is crucial that there is adequate legal due process to make sure that people's rights can be fairly heard.
The UK has also been clear that it remains concerned about Israel’s extensive use of administrative detention which, according to international law, should be used only when security makes this absolutely necessary rather than as routine practice and as a preventive rather than a punitive measure. Detainees should either be charged or released. I understand the Government continues to raise these issues with the Israeli authorities at every opportunity.
The UK is a proud champion of human rights and a strong supporter of those around the world who dedicate their lives to defending them. Support is provided to HRDs through bilateral contributions around the world, and through core contributions to multilateral organisations. The Foreign Office also monitors treatment of HRDs in its annual Human Rights and Democracy Reports, the most recent of which was published on 8 July. 2022 That report paid tribute to the courageous work of HRDs and listed support for them as a UK foreign policy priority.
Arms Sales
HM Government takes its export control responsibilities extremely seriously and operates one of the most robust export control regimes in the world. All export licence applications are rigorously assessed on a case-by-case basis against the Strategic Export Licensing Criteria, based on the most up-to-date information and analysis available, including advice received from the Foreign Office, Ministry of Defence, and other government departments and agencies as appropriate.
Licence decisions take account of prevailing circumstances at the time of application and include human rights and international humanitarian law considerations. I am assured that the Government will not issue export licences where to do so would be inconsistent with the Criteria, including where there is a clear risk that the arms might be used for internal repression or in the commission of a serious violation of international humanitarian law.
I am assured that ministers continue to monitor the situation in Israel and the Occupied Palestinian Territories closely, and will take action to suspend, refuse or revoke licences – in line with the Criteria – if circumstances require.
Detention of Palestinian children/prisoners
The UK repeatedly calls on Israel to abide by its obligations under international law and has a regular dialogue with Israel on legal issues relating to the occupation, including the treatment of Palestinian children. The number of Palestinians, including children, killed and injured in the West Bank and Gaza is concerning. The UK continues to impress on the Israeli security forces the importance of providing appropriate protection to the Palestinian civilian population, children in particular, and restraint in the use of live fire.
I too am concerned about Palestinian children detained in Israeli prisons and I know ministers share these concerns. Reports of the heavy use of painful restraints and the high number of Palestinian children who are not informed of their legal rights, in contravention of Israel's own regulations, are particularly concerning; as is, in violation of the Fourth Geneva Convention, the continued transfer of Palestinian child and adult detainees to prisons inside Israel.
The UK remains committed to working with Israel to secure improvements to the practices surrounding children in detention, and has made clear our objections about the continued reports of ill-treatment of Palestinian minors in Israeli military detention.
Our Embassy in Tel Aviv is in regular dialogue with Israel on this issue, and the UK also continues to fund projects providing legal aid to minors and capacity building to local lawyers.
Support for international humanitarian law (IHL) is a fundamental element of the UK's foreign policy. As a country, we have a strong history of upholding and promoting IHL, and we consistently call on state and non-state actors alike to respect IHL and to act in accordance with their obligations under it. Indeed, the UK repeatedly calls on Israel to abide by its obligations under international law and regularly emphasises the importance of treating prisoners and detainees humanely and in accordance with IHL.
Nevertheless, the number of Palestinians who have been detained and imprisoned in the West Bank is concerning. Reports of Palestinians being imprisoned without a fair trial in contravention of the International Covenant on Civil and Political Rights, to which Israel is a signatory, is particularly concerning; as is the continued transfer of Palestinian child detainees to prisons inside Israel, in violation of the Fourth Geneva Convention.
It is for reasons such as the above that Israel and the Occupied Palestinian Territories remain a human rights priority for the FCDO.
Boycott, Divestment and Sanctions (BDS) campaign.
While the UK should not hesitate to express disagreement with Israel wherever necessary, I know ministers believe that imposing sanctions on Israel or supporting anti-Israeli boycotts would not support efforts to progress the peace process and achieve a negotiated solution. I agree. Imposing local level boycotts can damage integration and community cohesion within the United Kingdom, hinder Britain’s export trade, and harm foreign relations to the detriment of Britain’s economic and international security.
The Boycotts, Divestment and Sanctions Bill would ban universities and local councils from organising boycotts, sanctions and disinvestment against other countries. This will stop public bodies pursuing their own foreign policy agenda with public money. I understand that the legislation will ban public bodies that are already subject to public procurement rules from conducting their own boycott campaigns against foreign countries or territories.
I welcome plans to bring forward this legislation to ban universities and local councils from organising boycotts, sanctions and disinvestment against other countries. Foreign policy is rightly the reserve of national government. I believe that councils should prioritise securing long-term returns from their investment rather than dividing communities and making political statements. It cannot be right for councils to have the power to make divisive decisions which set different parts of the community against each other.
The British Embassy in Israel
The position of the UK Government has remained constant since April 1950, when the UK extended de jure recognition to the State of Israel, but withheld recognition of sovereignty over Jerusalem pending a final determination of its status. The UK recognises Israel’s de facto authority over West Jerusalem, but, in line with UN Security Council (UNSC) Resolution 242 (1967) and subsequent UNSC resolutions, regards East Jerusalem as under Israeli occupation.
A final determination of the status of Jerusalem should be sought as part of a negotiated settlement between Israelis and Palestinians. It must ensure Jerusalem is a shared capital of the Israeli and Palestinian states, with access and religious rights of both peoples respected.
The British Embassy to Israel is based in Tel Aviv and the Government has no plans to change that.
Thank you again for taking the time to contact me.
Sincerely,
