UK group says proposed ban on Israel settlement trade would breach international legal obligations

A UK legal group has cautioned the British government against implementing a proposed ban on trade with Israeli businesses operating in east Jerusalem and the West Bank, asserting it would breach multiple international legal obligations.

UK Lawyers for Israel (UKLFI) sent a briefing paper to the Foreign Secretary and the Legal Adviser to the Foreign, Commonwealth & Development Office, challenging the legal basis for such a ban. UKLFI argues that no international law compels the UK to prohibit private businesses from trading with Israeli firms in the West Bank. Instead, they warn that imposing such bans could violate several international agreements.

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A unilateral ban introduced without following that procedure would breach the TPA irrespective of the underlying merits of the policy.

Specifically, UKLFI contends that an outright import or export ban would directly contravene the UK-Israel Trade and Partnership Agreement, which prohibits quantitative restrictions. The group also noted potential breaches of the UK's obligations under the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS), and the Protocol on Ireland/Northern Ireland to the Brexit withdrawal agreement.

Furthermore, UKLFI proposed that if the UK government proceeds with a ban due to alleged Israeli conduct, it must first refer the issue to the UK-Israel Joint Council for a mutually agreed solution. A unilateral ban without this procedure would violate the Trade and Partnership Agreement. The group also raised concerns that such a ban could negatively impact Palestinians employed by Israeli businesses in settlements, potentially jeopardizing their livelihoods and undermining the Palestinian economy. Finally, UKLFI warned that British companies might face conflicting legal demands between British and U.S. anti-boycott legislation.

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Damaging these businesses would jeopardize the livelihoods of many Palestinians, undermine the Palestinian economy, and further hinder a two-state solution.