Today, Adrian Ramsay, Carla Denyer, Sian Berry and I wrote to David Lammy to clarify the Government’s position on the risk of genocide in Gaza.

The full text of the letter is below.

Letter to David Lammy MP, Minister of State for Foreign, Commonwealth and Development Affairs on UK Government’s position on the risk of genocide in Gaza

Dear David,

We write with reference to the International Court of Justice’s order of provisional measures
South Africa vs Israel (2023)[1]. The purpose of this letter is to ask if you have made, or if you
will make, an assessment of the potential implications of this order given the Government’s
position on:

• paragraph 431 of the International Court of Justice’s judgment in the case of Bosnia and
Herzegovina v. Serbia and Montenegro (2007)[2] and;
• the Articles on Responsibility of States for Internationally Wrongful Acts (2001)[3].

In particular, we are seeking clarification whether this 2007 ICJ judgement and these 2001
articles trigger a UK obligation to ensure respect for peremptory norms of international
law, including International Humanitarian Law, by other states; and a duty to take action
to prevent genocide in Gaza.

Moreover, we are requesting clarification on whether the Government has assessed that there
is a serious risk of genocide against the Palestinian people, and what threshold must be met
that would trigger the United Kingdom’s obligation to prevent, and the corresponding duty to
take action, as a state party to the Genocide Convention (1948) and the Rome Statute of the
International Criminal Court (1998).

We are aware of the Government’s position that genocide can only be determined by a credible
international court. There is a difference between saying something is genocide and that there
is a plausible and serious risk of genocide, and this letter is asking about the UK
Government’s position on the latter point.

We know and appreciate that, by tradition, Governments only comment on the legal advice
they receive in rare and exceptional circumstances. We hope that you consider the dire state of
the humanitarian and human rights situation in the Occupied Palestinian Territory as a situation
worthy of exception and would be grateful for your response.

Yours sincerely,
Ellie Chowns MP
Sian Berry MP
Carla Denyer MP
Adrian Ramsay MP