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The Herald Scotland
30-06-2025
- Politics
- The Herald Scotland
What the UK arms sales to Israel challenge actually decided
What was being argued? And what did the court actually decide? Here's everything you need to know. Why was the case brought? In September, the secretary of state for business and trade, Jonathan Reynolds, suspended export licences for items which could be used in Israeli military operations in Gaza. Read More: The decision was made due to concerns that Israel was not committed to complying with international law, and that weapons and technology could be used "to commit or facilitate a serious violation of international humanitarian law". However, licences for components for F-35 fighter jets were excluded, a decision which the Palestinian human rights group Al-Haq challenged in court. Why were the fighter jet components excluded? The UK is part of the 'F-35 Joint Strike Fighter programme' which makes the jets, along with the US, Italy, the Netherlands, Canada, Australia and Norway. Israel is not a member of the programme but it is a customer, meaning it buys fighter jets from the programme. The UK government argued that it could not suspend licences for the F-35 components because doing so would undermine the programme as a whole. What was the legal challenge? Al-Haq, as well as interveners Amnesty International UK, Human Rights Watch and Oxfam argued that this 'carve out' meant that there is still a possibility that components made in the UK could be used in violations of international law. They called for a judicial review, based on six grounds. The first was that the carve out breached the UK's commitments under international law, including the Geneva Conventions, the Arms Trade Treaty and the Genocide Convention. The second argued that the government made an error in stating that the carve out was "consistent with the UK's domestic law obligations" because it "breached three rules of customary international law which either have been or should be received into the common law, namely the obligations to ensure respect for the Geneva Conventions, to prevent genocide and not to facilitate internationally wrongful acts". Campaigners at the High Court (Image: Ben Whitley/PA Wire) The third was that the secretary of state went beyond his legal powers by risking "facilitating serious crime" under the Geneva Conventions Act 1957 and the International Criminal Court Act 2001. The fourth argued that the carve out was irrational, as it was based on a 'logical gap'. The fifth contention was that the secretary of state did not give enough consideration to the possibility of facilitating violations of international law. Finally, the claimants argued the export suspension was wrongly limited to items used in Gaza, rather than all arms potentially used by Israel elsewhere. What did the court find? The High Court rejected all six claims, though for differing reasons. On the first claim, the court noted that Israel is already facing an ongoing charge of genocide at the International Court of Justice. The court said it was not able to make a ruling on "a contentious question of international law"; that the treaties cited were not incorporated into English law; and that questions of international relations or national security were for the government to decide, not the courts. Essentially it said it had no jurisdiction on the matter. The judges said: "Under our constitution that acutely sensitive and political issue is a matter for the executive which is democratically accountable to Parliament and ultimately to the electorate, not for the courts.' The rejection of the second claim was similar, concluding that international law (such as the Genocide Convention) is not a matter for the English courts and that it could not rule on Israel's intentions and actions in any case. On the third, the court ruled that the secretary of state did not exceed his legal powers because the Strategic Export Licensing Criteria (SELC) allow for exceptions and there was no evidence that the exports would definitely facilitate breaches of international law, nor that any crimes which took place would be for an English court to rule on. For the fourth claim, the court ruled that the secretary of state had not failed to weight up the situation sufficiently, saying that even had the UK stopped supplying components to the F-35 programme there was "no realistic possibility" of convincing the other nations not to sell fighter jets to Israel. Therefore, "he was faced with the blunt choice of accepting the F-35 carve out or withdrawing from the F-35 Programme and accepting all the defence and diplomatic consequences which would ensue. The decision which he made was not irrational." On the fifth contention, the court found it was in the power of the secretary of state to use his discretion, particularly on matters of national security. The final claim was rejected on the basis that the Government acted within its remit by tailoring the suspension to where it found a clear legal risk (i.e Gaza), and a broader suspension was not required under the law. Did the court find that Israel was not breaching international law, such as the Genocide Convention? No, the High Court said it would not and could not make a finding on that. The judges acknowledged that there was serious concern, citing an Export Control Joint Unit (ECJU) assessment which said "it is uncontentious that conduct which could, in principle, satisfy the physical component of genocide continues to take place in Gaza" but which further said that, although some Israeli statements were troubling, the available evidence did not meet the high threshold for determining that Israel had genocidal intent. The High Court could not rule on the issue, as it's a matter of international law and already before the International Court of Justice. The judges did not find that Israel is not committing genocide, nor that it is, and was never going to because it was never in their remit to do so.
NDTV
24-06-2025
- Business
- NDTV
UK Government Says Chinese Spying On The Rise, Pledges $818 Million To Intelligence
Chinese spying and attempts by Beijing to undermine Britain's democracy and economy have risen in recent years, the UK government said Tuesday in a report on the Asian giant. Foreign minister David Lammy told parliament the Labour administration would invest £600 million ($818 million) in its intelligence services as a result of the findings. Prime Minister Keir Starmer commissioned an "audit" of Britain's relations with Beijing after he swept to power in landslide general election win last July. The report, published on Tuesday, recommended high-level engagement with China for a "trade and investment relationship" but also building "resilience" against threats posed by Beijing. "We understand that China is a sophisticated and persistent threat," but "not engaging with China is therefore no choice at all", Lammy told MPs. "Like our closest allies, we will co-operate where we can and we will challenge where we must," he said, vowing that meant "never compromising on our national security". Starmer has vowed to pursue a "consistent" relationship after the previous Conservative government first trumpeted a "golden era" of close diplomatic ties before relations became increasingly strained. The British PM hopes Chinese investment can help him achieve his main mission of firing up Britain's economy. But differences over Russia's war in Ukraine, Beijing's treatment of Uyghurs and Hong Kong -- including the imprisonment of media mogul Jimmy Lai -- pose hurdles to repairing relations. In a joint letter coordinated by Reporters Without Borders, 33 organisations around the globe wrote to Starmer on Tuesday asking him to meet Lai's son Sebastian. "As a British citizen facing an unthinkable ordeal, Sebastien Lai deserves to hear first-hand from the Prime Minister what the UK is doing to secure his father's release," said the letter, which was signed by groups including Amnesty International UK and Human Rights Foundation. Espionage allegations have also blighted the relationship in recent years, including claims that a Chinese businessman used his links with Britain's Prince Andrew to spy for the Communist Party. The report noted that "instances of China's espionage, interference in our democracy and the undermining of our economic security have increased in recent years". "Our national security response will therefore continue to be threat-driven, bolstering our defences and responding with strong counter-measures," the government said. Starmer's administration is due to rule on whether to approve Beijing's controversial plans to open the biggest embassy in Britain at a new London location. Residents, rights groups and China hawks oppose the development, fearing it could be used for the surveillance and harassment of dissidents.
The National
16-06-2025
- Politics
- The National
UK must not look away from Gaza genocide amid Iran-Israel war
As strikes between Israel and Iran continued for a third day after being sparked by Israel's surprise attack on Friday, Palestinians said Israeli forces opened fire at around dawn towards crowds of people heading to two aid sites in Rafah, killing eight and injuring dozens. Israel's blockade and military campaign have caused widespread hunger and raised the risk of famine in the country. Now, Israel is reportedly set to pursue the military campaign for "weeks, not days," according to multiple Israeli and US sources. READ MORE: 'It's a trap': 8 killed by Israeli soldiers in shooting at Gaza aid site Sacha Deshmukh, the chief executive of Amnesty International UK, said it was "crucial" that Keir Starmer's Government "do not get distracted" by the escalating tensions from the reality in Gaza. Deshmukh said: 'It is crucial that Israel's attacks on Iran do not distract the UK Government from action it must take to stop Israel's ongoing genocide against Palestinians in the occupied Gaza Strip, rampant state-backed settler attacks in the West Bank, and Israel's cruel system of apartheid. "These violations demand that States, including the UK, focus immediately on the urgent need for a sustained ceasefire in Gaza and fast-track their diplomatic efforts to help end Israel's decades-long illegal occupation.' Israeli officials have claimed the country's initial strikes were an act of self-defence and argued Iran had rejected diplomatic efforts to ease tensions. Israel said the barrage was necessary before Iran got any closer to building a nuclear weapon, although experts and the US government have assessed that Tehran was not actively working on such a weapon. Iranian foreign minister Abbas Araghchi said on Sunday that if the Israeli strikes on Iran stop, then 'our responses will also stop'. First Minister John Swinney also urged the UK Government to "de-escalate" the "dangerous situation". READ MORE: UK Foreign Office advises against all travel to Israel as Iran strikes escalate Swinney said: 'The situation in Gaza and the wider Middle East is deeply concerning. The international community - including the UK Government - must do all it can to de-escalate this dangerous situation. "Further escalation will result in even greater devastation and stability across the region is of paramount importance to us all.' Scottish Greens co-leader Patrick Harvie said that Israel's attacks were "a clear attempt to escalate the conflict and provoke a much wider war" in the region. He accused the Israeli government of "flooding the media with images of their own choosing, while blocking media access to Gaza to prevent the world from seeing the atrocities they are committing". 'Even a former Israeli Prime Minister has called Netanyahu's government a gang of thugs, and every day they find new ways to prove him right," Harvie said. 'The UK should immediately withdraw all support for this violent rogue state, and work with other countries to have them held accountable for their war crimes.' Harvie added: 'The Scottish Greens have long called for a lasting ceasefire and an end to the UK's active participation in the ongoing genocide of Gaza. Keir Starmer must end the UK's involvement in conflict rising between the state of Israel and other nations.' "Israel's declaration of war on Iran is intended to bring war to the entire Middle East," national convenor of the Stop the War Coalition Lindsey German told The National. "Netanyahu is already bombing five countries and we can only assume those conflicts will escalate. None of this would be possible without the support of the British and US governments. "We've been demanding for months that the UK stops arming Israel, stops the genocide, stops using the Akrotiri RAF base to attack Gaza. Now Starmer's sending jets to the region, clearly prepared to support and enable further war crimes, without so much as putting it to a vote in Parliament. "It's absolutely abhorrent and removes any prospect of the de-escalation he so weakly called for." READ MORE: David Pratt: A perilous 'game' – Israel attacks, Iran bleeds, and America plays God Starmer and the president of the UAE had a conversation discussing the conflict between Israel and Iran, according to Downing Street. The Prime Minister called His Highness Sheikh Mohamed bin Zayed Al Nahyan while in Ottawa on Sunday afternoon. Issuing a readout of the conversation a Number 10 spokesperson said: 'They discussed the grave situation in the Middle East. 'The Prime Minister reiterated that his priority is diplomacy and dialogue, in order to de-escalate as quickly as possible. 'The Prime Minister said this would be top of the agenda during his conversations with G7 partners in the next two days. They also discussed Gaza, and the need to bring an end to the devastation there. 'They agreed to stay in close touch.'
The National
15-06-2025
- Politics
- The National
UK must not look away from Gaza genocide, Amnesty warns
As strikes between Israel and Iran continued for a third day after being sparked by Israel's surprise attack on Friday, Palestinians said Israeli forces opened fire at around dawn towards crowds of people heading to two aid sites in Rafah, killing eight and injuring dozens. Israel's blockade and military campaign have caused widespread hunger and raised the risk of famine in the country. Now, Israel is reportedly set to pursue the military campaign for "weeks, not days," according to multiple Israeli and US sources. READ MORE: 'It's a trap': 8 killed by Israeli soldiers in shooting at Gaza aid site Sacha Deshmukh, the chief executive of Amnesty International UK, said it was "crucial" that Keir Starmer's government "do not get distracted" by the escalating tensions from the reality in Gaza. Deshmukh said: 'It is crucial that Israel's attacks on Iran do not distract the UK Government from action it must take to stop Israel's ongoing genocide against Palestinians in the occupied Gaza Strip, rampant state-backed settler attacks in the West Bank, and Israel's cruel system of apartheid. "These violations demand that States, including the UK, focus immediately on the urgent need for a sustained ceasefire in Gaza and fast-track their diplomatic efforts to help end Israel's decades-long illegal occupation.' Israeli officials have claimed the country's initial strikes were an act of self-defence and argued Iran had rejected diplomatic efforts to ease tensions. Israel said the barrage was necessary before Iran got any closer to building a nuclear weapon, although experts and the US government have assessed that Tehran was not actively working on such a weapon. Iranian foreign minister Abbas Araghchi said on Sunday that if the Israeli strikes on Iran stop, then 'our responses will also stop'. First Minister John Swinney also urged the UK Government to "de-escalate" the "dangerous situation". READ MORE: UK Foreign Office advises against all travel to Israel as Iran strikes escalate Swinney said: 'The situation in Gaza and the wider Middle East is deeply concerning. The international community - including the UK Government - must do all it can to de-escalate this dangerous situation. "Further escalation will result in even greater devastation and stability across the region is of paramount importance to us all.' Scottish Greens co-leader Patrick Harvie said that Israel's attacks were "a clear attempt to escalate the conflict and provoke a much wider war" in the region, and accused the Israeli government of "flooding the media with images of their own choosing, while blocking media access to Gaza to prevent the world from seeing the atrocities they are committing". 'Even a former Israeli Prime Minister has called Netanyahu's government a gang of thugs, and every day they find new ways to prove him right," Harvie said. 'The UK should immediately withdraw all support for this violent rogue state, and work with other countries to have them held accountable for their war crimes.' Harvie added: 'The Scottish Greens have long called for a lasting ceasefire and an end to the UK's active participation in the ongoing genocide of Gaza. Keir Starmer must end the UK's involvement in conflict rising between the state of Israel and other nations.' "Israel's declaration of war on Iran is intended to bring war to the entire Middle East," national convenor of the Stop the War Coalition Lindsey German told The National. "Netanyahu is already bombing five countries and we can only assume those conflicts will escalate. None of this would be possible without the support of the British and US governments. "We've been demanding for months that the UK stops arming Israel, stops the genocide, stops using the Akrotiri RAF base to attack Gaza. Now Starmer's sending jets to the region, clearly prepared to support and enable further war crimes, without so much as putting it to a vote in Parliament. "It's absolutely abhorrent and removes any prospect of the de-escalation he so weakly called for." READ MORE: David Pratt: A perilous 'game' – Israel attacks, Iran bleeds, and America plays God Asked whether the UK would come to Israel's aid if asked, the Chancellor Rachel Reeves told Sunday Morning With Trevor Phillips: 'We have, in the past, supported Israel when there have been missiles coming in. 'I'm not going to comment on what might happen in the future, but so far, we haven't been involved, and we're sending in assets to both protect ourselves and also potentially to support our allies.' Pushed again on whether the UK would deploy assets in support of Israel if asked, she said: 'What we've done in the past (…) is help protect Israel from incoming strikes. 'So a defensive activity.' She added: 'I'm not going to rule anything out at this stage (…) it's a fast moving situation, a very volatile situation.'
Scotsman
15-06-2025
- Politics
- Scotsman
Police Scotland urged to ditch live facial scanning proposals by equalities groups
Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Human rights and equalities groups have warned of 'racial injustice, creeping surveillance and democratic erosion' if controversial live facial recognition technology is adopted by Police Scotland, and have called on the force to rule out its future use. In a stark warning against the potential introduction of the artificial intelligence-powered tech, a coalition of organisations claimed that if live facial recognition (LFR) is used by police, it would have a detrimental impact on minority communities and jeopardise the privacy rights of millions of Scots. Advertisement Hide Ad Advertisement Hide Ad The force has been engaged in what it described as a 'national conversation' around the technology. It uses AI to identify people in digital videos and photographs, including live camera feeds, comparing the images against a bank of photographs held by the police so as to identify potential matches with a 'watchlist' of individuals. CCTV cameras can be used by police to search for people on a watchlist using AI-powered live facial recognition technology. Picture: Leon Neal/Getty | AFP via Getty Images Police Scotland said it is continuing to 'gather evidence and views' before developing future options that can be consulted on and 'progressed through to implementation as required.' But a host of organisations, including Amnesty International UK and the Coalition for Racial Equality and Rights (CRER) have urged it to reconsider. 'Huge human rights risks' in existing technology Liz Thomson, advocacy manager at Amnesty International UK said there was worldwide evidence of facial recognition technologies being used to 'stifle protest' and 'harass minority communities,' and cautioned against the rollout of technology that violated privacy rights and threatened the freedom of peaceful assembly and expression. She said: 'Police Scotland already utilises a retrospective version of facial recognition that carries huge human rights risks. Earlier this year a regulator found that the force doesn't even monitor the effectiveness of this technology. The Scottish Police Authority (SPA) and Police Scotland should be addressing those concerns, not progressing with a conversation around whether an even more controversial technology can be introduced to operational policing.' Advertisement Hide Ad Advertisement Hide Ad CRER said it too was 'deeply concerned' about Police Scotland's decision to explore the use of LFR. Police Scotland has said it will 'reflect' on the feedback it has received so far. Picture: John Devlin | John Devlin 'This technology may offer the illusion of security, but its real-world application consistently tells a different story - one of racial injustice, creeping surveillance and democratic erosion,' said Jatin Haria, its executive director. 'We believe that introducing this harmful and biased technology would significantly undermine the principle of policing by consent in Scotland, negatively impact community-police relations and contradict Police Scotland's 'absolute commitment to championing equality and becoming an anti-racist service'.' Force vows to 'reflect' on feedback so far It comes after a meeting of the SPAs policing performance committee heard that the force plans to 'reflect' on the 'national conversation' it has instigated around LFR, and would hold internal discussions to assess 'what might we want to do' and 'how might we want to do it.' Advertisement Hide Ad Advertisement Hide Ad Police Scotland's Assistant Chief Constable Steve Johnson told the meeting that any definitive proposal for the use of LFR would require formal consultation prior to implementation, adding: 'Police Scotland is absolutely committed to having listened as part of the conversation and participating as part of the conversation. I think it's now for us to take it back into the organisation to have a discussion, taking into account all of that feedback and all those views, and see what it is that we want to do with the technology that is out there.' A report prepared for that meeting noted that a survey hosted on the websites of both Police Scotland and the SPA found that people are generally divided over the force's potential use of LFR. The poll of nearly 2,700 people, conducted earlier this year, showed that while 49 per cent of respondents were 'very' or 'somewhat comfortable' with the incorporation of the tech in the delivery of policing in Scotland, some 48 per cent were 'somewhat' or 'very uncomfortable' with the idea. 'A step backwards for rights and freedoms' Madeleine Stone, senior advocacy officer at Big Brother Watch, also expressed misgivings about the use of LFR in Scottish policing, stating: 'At a time when liberal democracies around the world are banning and scaling back the use of this Orwellian technology, exploring intrusive AI-powered surveillance would be a step backwards for rights and freedoms in Scotland and would put the privacy of millions of Scots at risk. Police Scotland should abandon any plans to invest taxpayers' money in live facial recognition technology. Advertisement Hide Ad Advertisement Hide Ad 'In London, police are already facing a legal challenge after live facial recognition technology led to an anti-knife crime volunteer being falsely flagged as a criminal and wrongly held by officers. Police Scotland should learn from the multi-million pound mistake made by the Metropolitan Police in experimenting with this technology, and keep it out of Scotland.' Christopher Clannachan, policy and campaigns officer at the Equality Network, which has also expressed its opposition to LFR, said: 'We are deeply concerned about the disproportionate impact that LFR will have on LGBTQIA+ people and our human rights. Despite ongoing work within Police Scotland to rebuild trust and confidence with the LGBTQIA+ community, we fear that progressing this work would be counterproductive and would create more problems than it would solve. We did not ask for this.' Responding to the group's concerns, Ass Ch Const Johnson said the force was discussing the potential use of LFR with a wide range of individuals and organisations because it was a 'polarising issue in its use in a policing context.' He described the force's discussions and engagement to date as 'open and frank,' adding: 'LFR would enhance our capability to keep people safe, prevent and detect crime. As a technology it is already well established in our daily lives, in shops, supermarkets and at airports. Advertisement Hide Ad Advertisement Hide Ad 'However, we understand that people need assurances about how Police Scotland would use LFR, in what circumstances, and with what checks and balances. People also need reassurance around the legal framework. Our use of other technologies is governed by whether it is appropriate, proportionate and necessary, by high levels of governance and scrutiny.
