British lawyer urges UK to stop arming Israel

An Israeli soldier checks a weapon at a position in the Israel-annexed Golan Heights near the border with Syria. (File/AFP)
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Updated 29 July 2024
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British lawyer urges UK to stop arming Israel

  • Philippe Sands spoke following ICJ ruling that UN member states should not aid any aspect of occupation of Palestinian territories
  • New UK govt overseeing review of Israel’s ‘compliance with international law’

LONDON: The UK should stop arming Israel after the International Court of Justice said member states should not “render aid or assistance” for the occupation of Palestinian territories, a British lawyer representing Palestine at the ICJ has said.

Philippe Sands KC said the ICJ advisory opinion will cause issues for the UK, which has failed to halt arms exports since the start of Israel’s war on Gaza that has killed around 40,000 Palestinians.

“The most immediate issue is the obligation in the advisory opinion on the states, which includes the United Kingdom, not to aid or assist in the maintenance of the current situation in the occupied territories of the West Bank, including (East) Jerusalem,” Sands told The Guardian.

“That legal obligation precludes sales of military material which could be used directly or indirectly to assist Israel in maintaining its unlawful occupation of the Occupied Palestinian Territories.”

Sands, a professor at University College London and a visiting professor at Harvard, said the ruling is not binding but it is likely that a vote will follow at the UN General Assembly on whether to adopt the position, and until then it will be “recognised as an authoritative statement of the law and one that the UN and its specialised agencies will follow as law.”

He added: “How does the UK vote on that? Will it vote against, or will it abstain? If the government is true to its word on respecting international law, given the nature and detail of the ICJ advisory opinion, you would expect them, at the very least, not to vote against.

“This could well be an early issue in relations with the United States, which will almost certainly vote against, despite the fact that the US judge was part of the large majority.”

He said it will also affect imports from Israeli settlements to the UK, adding: “Anything that is produced in the occupied territories, such as food, or that is sold there over the internet, is in principle subject to the international prohibition, if it can be said to aid or assist in the maintenance of the unlawful occupation.”

UK Foreign Secretary David Lammy has said the new Labour government is holding a “comprehensive review of Israel’s compliance with international humanitarian law,” with arms exports expected to be a focus of the review.

Labour also pledged in its recent election manifesto to recognize a Palestinian state, but has set no timeline on when that would happen.

In its advisory opinion, the ICJ cited “the right of the Palestinian people to self-determination, including its right to an independent and sovereign state.”

Sands said: “Ultimately, the recognition of a state is a political matter, not a legal obligation, so there is a discretionary element.

“Nevertheless, the ICJ judges have clearly stated that self-determination means that the Palestinian people ‘have the right to an independent and sovereign state.’

“About 150 states (out of nearly 200) have recognised Palestine as a state, the UK is part of a small and diminishing group that refuses to do so.”

On July 19, the previous UK Conservative government responded to the ICJ’s opinion by saying it was “considering it carefully before responding.”

In 2023, it submitted a 43-page legal opinion opposing the ICJ’s investigation into the Israeli occupation.


Gaza amputees struggle to rebuild lives as the enclave faces shortages of prosthetic limbs

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Gaza amputees struggle to rebuild lives as the enclave faces shortages of prosthetic limbs

NUSEIRAT: Sitting in her wheelchair, Haneen Al-Mabhouh dreams of rebuilding her family, of cradling a new baby. She dreams of walking again. But with her leg gone, her life in Gaza is on hold, she says, as she waits to go abroad for further treatment.
An Israeli airstrike in July 2024 smashed her home in central Gaza as she and her family slept. All four of her daughters were killed, including her 5-month-old baby. Her husband was severely burned. Al-Mabhouh’s legs were crushed under the rubble, and doctors had to amputate her right leg above the knee.
“For the past year and a half, I have been unable to move around, to live like others. For the past year and a half, I have been without children,” she said, speaking at her parents’ home.
The 2-month-old ceasefire in Gaza has been slow to bring help for thousands of Palestinians who suffered amputations from Israeli bombardment over the past two years. The World Health Organization estimates there are some 5,000 to 6,000 amputees from the war, 25 percent of them children.
Those who lost limbs are struggling to adapt, faced with a shortage of prosthetic limbs and long delays in medical evacuations out of Gaza.
The WHO said a shipment of essential prosthetic supplies recently made it into Gaza. That appears to be the first significant shipment for the past two years.
Previously, Israel had let in almost no ready-made prosthetic limbs or material to manufacture limbs since the war began, according to Loay Abu Saif, the head of the disability program at Medical Aid for Palestinians, or MAP, and Nevin Al Ghussein, acting director of the Artificial Limbs and Polio Center in Gaza City.
The Israeli military body in charge of coordinating aid, known as COGAT, did not respond when asked how many prosthetic supplies had entered during the war or about its policies on such supplies.
‘My future is paralyzed’
Al-Mabhouh was asleep with her baby girl in her arms when the strike hit their home in Nuseirat, she said. For several weeks while recovering in the hospital, Al-Mabhouh had no idea her children had been killed.
She underwent multiple surgeries. Her hand still has difficulty moving. Her remaining leg remains shattered, held together with rods. She needs a bone graft and other treatments that are only available outside of Gaza.
She was put on the list for medical evacuation 10 months ago but still hasn’t gotten permission to leave Gaza.
Waiting for her chance to go, she lives at her parents’ house. She needs help changing clothes and can’t even hold a pen, and remains crushed by grief over her daughters. “I never got to hear her say ‘mama,’ see her first tooth or watch her take her first steps,” she said of her baby.
She dreams of having a new child but can’t until she gets treatment.
“It’s my right to live, to have another child, to regain what I lost, to walk, just to walk again,” she said. “Now my future is paralyzed. They destroyed my dreams.”
Medical evacuations remain slow
The ceasefire has hardly brought any increase in medical evacuations for the 16,500 Palestinians the UN says are waiting to get vital treatment abroad — not just amputees, but patients suffering many kinds of chronic conditions or wounds.
As of Dec. 1, 235 patients have been evacuated since the ceasefire began in October, just under five a day. In the months before that, the average was about three a day.
Israel last week said it was ready to allow patients and other Palestinians to leave Gaza via the Israeli-held Rafah crossing between Gaza and Egypt. But it’s unsure that will happen because Egypt, which controls the crossing’s other side, demands Rafah also be opened for Palestinians to enter Gaza as called for under the ceasefire deal.
Dr. Richard Peeperkorn, the WHO’s representative in the occupied Palestinian territory, told The Associated Press that the backlog is caused by the lack of countries to host the evacuated patients. He said new medevac routes need to be opened, especially to the Israeli-occupied West Bank and east Jerusalem, where hospitals are ready to receive patients.
For those waiting, life grinds to a standstill
Yassin Marouf lies in a tent in central Gaza, his left foot amputated, his right leg barely held together with rods.
The 23-year-old and his brother were hit by Israeli shelling in May as they returned from visiting their home in northern Gaza that their family had been forced to flee. His brother was killed. Marouf lay bleeding on the ground, as a stray dog attacked his mangled left leg.
Doctors say his right leg will also need to be amputated, unless he can travel abroad for operations that might save it. Marouf said he can’t afford painkillers and can’t go to the hospital regularly to have his bandages changed as they’re supposed to.
“If I want to go to the bathroom, I need two or three people to carry me,” he said.
Mohamed Al-Naggar had been pursuing an IT degree at the University of Palestine before the war.
Seven months ago, shrapnel pierced his left leg during strikes on the house where his family was sheltering. Doctors amputated his leg above the knee. His right leg was also badly injured and shrapnel remains in parts of his body.
Despite four surgeries and physical therapy, the 21-year-old Al-Naggar can’t move around.
“I’d like to travel abroad and put on a prosthetic and graduate from college and be normal like young people outside Gaza,” he said.
Gaza faces prosthetic limb shortage
Some 42,000 Palestinians have suffered life-changing injuries in the war, including amputations, brain trauma, spinal cord injuries and major burns, the WHO said in an October report.
The situation has “improved slightly” for those with assistance needs but “there is still a huge overall shortage of assistive products,” such as wheelchairs, walkers and crutches. Gaza has only eight prosthetists able to manufacture and fit artificial limbs, the WHO said in a statement to the AP.
The Artificial Limbs and Polio Center in Gaza City, one of two prosthetics centers still operating in the territory, received a shipment of material to manufacture limbs just before the war began in 2023, said its director, Al Ghussein. Another small shipment entered in December 2024, but nothing since.
The center has been able to provide artificial limbs for 250 cases over the course of the war, but supplies are running out, Al Ghussein said.
No pre-made prosthetic legs or arms have entered, according to Abu Saif of MAP, who said Israel does not ban them, but its procedures cause delays and “in the end they ignore it.”
Ibrahim Khalif wants a prosthetic right leg so he can get a job doing manual labor or cleaning houses to support his pregnant wife and children.
In January, he lost his leg when an Israeli airstrike hit Gaza City while he was out getting food.
“I used to be the provider for my kids, but now I’m sitting here,” Khalif said. “I think of how I was and what I’ve become.”