The UK government has stated it has not concluded that Israel is committing genocide in Gaza, nor that British-made parts used in F-35 fighter jets sold to Israel have directly contributed to violations of international humanitarian law. The position was communicated to parliament by ministers, who also rejected calls for an independent audit of UK arms exports.

Although refusing to back an audit, ministers admitted they could not say definitively whether Israel’s military operations in Gaza had resulted in breaches of humanitarian law, pointing to the complexity of the battlefield terrain. They also dismissed a proposal to amend the Crime and Policing bill in England and Wales to allow the prosecution of foreign nationals in UK courts suspected of war crimes, such as obstructing aid delivery or targeting aid workers. Had it been adopted, the measure could have made it easier to arrest Israeli leaders visiting the UK.

Israel’s president, Isaac Herzog, is expected in London on Wednesday to deliver a speech and meet leaders at No 10.

The government’s stance was set out in a letter to Sarah Champion, chair of the International Development Select Committee. The letter, written by David Lammy, was a response to recommendations in a committee report focused on safeguarding humanitarian workers.

Ministers Studying ICJ Ruling On Occupation

The UK government also said it is still considering the implications of a provisional finding by the UN International Court of Justice (ICJ), issued in June 2024, which declared Israel’s occupation of Palestine unlawful and urged governments to respond. Officials confirmed they are reviewing the non-binding decision “with seriousness and rigour.”

The assertion that Israel is not committing genocide is likely to provoke debate within the Labour Party, where ministers have expressed varied positions. At times, they have argued that only the ICJ can make such determinations; at other times, they have relied on internal assessments presented in UK courts that concluded genocide is not underway and that women and children are not being deliberately targeted.

“The high civilian casualties, including women and children, and the extensive destruction in Gaza are utterly appalling. As per the genocide convention, the crime of genocide only occurs where there is ‘specific intent to destroy in whole or in part a national, ethnic, racial or religious group’. The government has not concluded that Israel is acting with that intent.”
David Lammy

UK Government Rules Out Genocide In Gaza — David Lammy

This wording suggests the government has taken a step closer to assuming responsibility for assessing whether genocide is occurring, rather than leaving it solely to a long-term ICJ determination.

Two prominent Israeli human rights organisations, B’Tselem and Physicians for Human Rights, declared in July that Israel is committing genocide in Gaza. They joined a growing number of international and Palestinian groups using the same language to describe the conflict. More recently, hundreds of employees at the UN’s main human rights agency supported an internal letter urging leadership to label Israel’s actions as genocide.

Israel has consistently denied the accusation, maintaining that its war in Gaza is an act of self-defence.

Lammy’s letter further argued that the absence of intent to commit genocide means ministers are not obliged to act under the 1948 genocide convention, which compels states to prevent genocide once they learn, or should have learned, of a serious risk.