UK Lawyers for Israel (UKLFI) has warned the UK Government that introducing a ban on trade between the UK and Israeli settlement in East Jerusalem and the West Bank would breach several binding international obligations.
The UK Government is actively considering banning trade in goods and services between the UK and areas of Israeli settlement in East Jerusalem, Judea and Samaria (the West Bank). It says it has an obligation under international law to impose this ban.
UKLFI has sent a Briefing Paper to the UK’s Foreign Secretary and the Legal Adviser to the UK’s Foreign Office, challenging that position.
The Paper disputes the claim that the UK has a legal obligation to impose a general ban on such trade and argues that, on the contrary, such a ban would contravene the UK’s legal obligations under the UK-Israel TPA, the GATT, the GATS, and (if applied to Northern Ireland) the Protocol on Ireland/Northern Ireland to the Brexit Agreement.
At the same time, by harming Israeli businesses in the West Bank that employ Palestinian staff, such a ban would undermine the Palestinian economy and the prospect of a two-State solution.
In addition, such a ban might discourage US investment in the UK, since companies operating in the UK that comply with it would be exposed to potential sanctions under US Federal and State laws.
It would also have the effect of further promoting antisemitism in the UK.
Jonathan Turner, Chief Executive of UKLFI, commented: “Statements made on behalf of the UK Government appear to be the opposite of the correct analysis. There is no international legal obligation requiring the UK to impose a blanket ban on trade with Israeli businesses in East Jerusalem, Judea and Samaria. On the contrary, our analysis shows that imposing such a ban could itself put the UK in breach of several binding international obligations, including the UK-Israel Trade and Partnership Agreement, the GATT and the GATS and, if the ban extends to Northern Ireland, the Protocol on Ireland/Northern Ireland to the Brexit Agreement.”
To view the Briefing Paper, press HERE