Attorney General – in the House of Commons at on 14 March 2024.
Imran Hussain
Labour, Bradford East
Whether she has had recent discussions with the Secretary of State for Foreign, Commonwealth and Development Affairs on UK compliance with international humanitarian law in the context of the International Court of Justice’s order in the case on the application of the genocide convention in Gaza.
Victoria Prentis
The Attorney-General
Regulars at Attorney General’s questions know that the Law Officers convention prevents me from disclosing outside Government whether or not I have provided advice and the specifics of that advice. Colleagues also know that I take seriously my obligations to ensure that the Government are acting in a lawful manner on both domestic and international fronts.
Imran Hussain
Labour, Bradford East
I have listened to the Attorney General, and she will know that the UK Government, as a signatory to the genocide convention, have a clear responsibility not only to punish but—under article 1—to undertake to prevent genocide, as one of the gravest crimes under international law. Given that the Government will still sell arms to the Israeli military after the International Court of Justice found the actions in Gaza to be plausibly in breach of the genocide convention, what legal advice has she provided to the Foreign Office that allows her to fulfil the legal obligation to prevent genocide at the same time as selling arms? If the ICJ ultimately rules that it is genocide, and it is proven that civilians have been killed by UK-sold arms, does that not leave the UK complicit in genocide?
Victoria Prentis
The Attorney-General
I believe that I dealt earlier with the substance of the hon. Gentleman’s question. We respect the independence of the ICJ. We have considerable concerns about this case, which is not helpful in the goal of achieving a sustainable ceasefire. We accept that the Court has made a provisional measures order, much of which we wholeheartedly agree with. We would suggest, however, that terms such as genocide not be bandied about until there has been a final ruling of the Court. [Interruption.] The hon. Gentleman asks from a sedentary position what advice I have provided. I have explained clearly why I cannot answer that. However, with your leave, Mr Speaker, I will take him through some of the Foreign, Commonwealth and Development Office’s decision-making process to inform the Department for Business and Trade on export licensing.
The FCDO continues to assess Israel’s commitment and capability to comply with IHL. The assessments are supported by a detailed evidence base, including analysis of the conflict, reporting from NGOs, international bodies and partner countries, statements from the Israeli Government and military representatives, and Israel’s track record. We have asked the Government of Israel specific questions on their approach to complying with IHL—I did some of that myself to help inform that advice. Applications for export licences are assessed on a case-by-case basis against strategic export licensing criteria, including with regard to IHL—that is a major part of that assessment. We keep licences under careful and continuing review. The Government can amend, suspend, refuse or revoke licences as circumstances require.
The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.
The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.
The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.
see also, http://www.lslo.gov.uk/
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