Today (Tuesday 20 February) the Foreign Affairs Committee
publishes two letters from the Foreign Secretary to Chair .
One letter responds to the Committee’s letter over the planned
military offensive in Rafah. The other responds to correspondence
from the Committee on the UK’s strategic export controls policy
on Israel.
Military offensive in Rafah
The Foreign Secretary states his “deep concern about the prospect
of a military offensive in Rafah” adding that “we do not
underestimate the devastating humanitarian impacts that a full
ground offensive, if enacted, would have in these circumstances”.
The letter calls for Israel to “stop and think seriously about
the repercussions of a military offensive”. The Foreign Secretary
says that “too many civilians have been killed in this conflict
already” and he “stressed this personally to Prime Minister
Netanyahu on my recent visit”.
The Foreign Secretary says that “we continue to urge Israel to
ensure that it limits its operations to military targets and take
all possible steps to avoid harming civilians and destroying
homes”. However, in the case of a potential military offensive in
Rafah “it is difficult to see how this could be achieved”. The
Foreign Secretary has “reiterated with Prime Minister Netanyahu
the need for Israel to open more crossing points; for Nitzana and
Kerem Shalom to be open for longer; and for Israel to support the
UN to distribute aid effectively”.
The letter calls for “progress towards a sustainable, permanent
ceasefire, without a return to fighting”, saying that “we are
closely engaged in lobbying Israel – as well as those with
influence on Hamas”.
Strategic export controls and Israel
The Foreign Secretary’s letter covers UK arms export controls
regarding Israel. It states that “in the last three months, no
licence applications have had to be escalated to the dispute
resolution mechanism or complex cases mechanism in which the
Cabinet Office mediates”. It does not answer the Committee’s
question on how many export licence applications have been
referred to ministers.
A Change in Circumstances (CiC) assessment was self-initiated by
the Export Control Joint Unit (ECJU) following the Hamas
terrorist attacks on 7th October 2023 and the Israeli response.
The Foreign Secretary said that “following a thorough and
detailed process of review, I decided on 12th December that there
was not a clear risk that items would be used to commit or
facilitate a serious violation of International Humanitarian
Law”. The Foreign Secretary’s “recommendation to the Trade
Secretary was not to suspend or revoke extant licences”.
The letter says that “all licences, including those granted to
Israel, are kept under careful and continuous review” but does
not explain the processes for doing so.
Chair of the Foreign Affairs Committee, , said:
“The Foreign Secretary’s response to our letter on strategic
export controls raises several questions. Given the high level of
concern over the conflict between Hamas and Israel, I am
surprised that no licence applications have been escalated to the
inter-departmental disputes procedures in the last 3 months. It
is telling that the FCDO does not answer our question on how many
times export licence applications for Israel have been referred
to ministers in the last 12 months. If none have been referred,
the Government should say so.
“The FCDO plays a key role in export licence decisions with FCDO
officials permanently located within the ECJU providing advice to
the Trade Secretary, including leading on the International
Humanitarian Law implications of licensing decisions. The FCDO
and the DBT need to set out more fully how existing licences are
being kept under ‘careful review’ and how they will ensure that
UK export controls adapt quickly to a rapidly changing situation.
“The FCDO says it is still assessing the interim findings of the
ICJ. How long will this take? This work should be progressed
urgently, it cannot wait until the full judgment which may be
years away.
“We understand that diplomacy, by its nature, is an instrument of
soft power and sometimes quiet influence. Maintaining our
relationships with both allies and adversaries requires long-term
consistency and patience. However, the situation in Gaza is a
humanitarian catastrophe and the need for a lasting ceasefire is
pressing. Humanitarian access to Gaza, in particular to Rafah,
where more than half of the population of Gaza is concentrated,
is vital in order to prevent intolerable loss of life.
“It remains unclear what Israel’s exact plans are to ensure the
safety of civilians in Gaza, including the possibility of safe
zones, and whether the UK perceives Israel’s planned military
offensive to be in line with the ICJ’s order.
“The UK needs to steer both sides towards a resolution and work
towards putting an end to the conflict between Hamas and Israel.
The urgent release of hostages and a ceasefire must be the UK’s
priorities, alongside the creation of a Palestine Contact Group
and plans for track two negotiations.”
