What the UK's partial ban on arms sales to Israel means

Under mounting pressure, the United Kingdom’s new Labour government suspended a total of 30 of the UK’s arms licenses to Israel on 2 September.

It’s the first time since the war in Gaza erupted that London has admitted British-supplied weapons and components could be used by Israel in violations of international law.

Foreign Secretary David Lammy’s announcement followed earlier reports that Israeli F-35 stealth fighters had bombed a ‘humanitarian zone’ in Gaza on 13 July, documented by Danish news outlet Dagbladet Information and NGO Danwatch.

The UK manufactures and supplies around 15% of the parts for these American-made warplanes. Legally, the UK’s own Export Control Act 2002 states that the government must not grant arms licenses if there is even a risk that they will be used in violations.

While some welcomed that step, given it was one of the government’s first moves as parliament reconvened after a summer recess, many critics warn it hasn’t sufficiently aligned Britain with its humanitarian and legal obligations.

With only 30 out of its total 350 licenses suspended, the move is far from an arms embargo. Crucially, the UK has not suspended the export of F-35 parts, which arguably constitute the UK’s biggest contribution to Israel’s war.

While Lammy warned that "Israel’s actions in Gaza continue to lead to immense loss of civilian life, widespread destruction to civilian infrastructure, and immense suffering,” he said recently that the arms suspensions were “not a determination of innocence or guilt” about whether Israel had broken international law.

Mounting legal pressure

Ultimately, the move epitomises newly elected PM Keir Starmer's balancing act, aimed at appeasing both the US and the centrist wing of his party, while addressing pressure over London’s support for Israel during its assault on Gaza.

This pressure has intensified since Israel killed three British aid workers in Gaza in April, amid concerns from government lawyers and civil servants over the UK’s complicity in violations of international law in the Gaza war, which has seen around 41,000 Palestinians killed since October 2023.

The new government’s position is seen as a slight step up from the Conservative government's unequivocal support for Israel.

“This action should have been taken long ago by the previous government, who failed to take any leadership on the matter,” Layla Moran, Liberal Democrat MP and foreign affairs & international development spokesperson for the party, told The New Arab.

Stressing the need to monitor remaining arms licenses, Layla added “we are concerned that the decision is made solely on risk of use in Gaza and not the West Bank”.

Since 28 August, Israel has conducted its most brutal raids in the West Bank in over two decades, especially in Jenin and Tulkarem. Israel says it is targeting militants, but the significant damage to infrastructure and refugee camps has been condemned by the UN rights body.

Sacha Deshmukh, Amnesty International UK’s Chief Executive, told The New Arab that the decision still has loopholes and that exempting the F-35 fighter jet programme “misses a clear obligation to hold Israel accountable” for its violations.

He added that “while [British] ministers apparently accept that Israel may be committing war crimes in Gaza, it is nevertheless continuing to risk complicity in war crimes, apartheid - and possible genocide - by Israeli forces in Gaza and elsewhere in the Occupied Palestinian Territories”.

Starmer's balancing act on Israel

Despite pressure over arms sales, the British government is still keen to maintain strong ties with Israel. That’s partly due to the government’s plans to tighten their bilateral trade relations.

After Britain departed from the European Union in 2020, the previous Conservative government pursued a free trade agreement with Israel, of which negotiations began in July 2022 and the fourth round concluded in February 2024. Currently, bilateral UK-Israel ties also span technology, investment, research, and security sectors.

A UK government spokesperson told TNA that “the bond between Britain and Israel continues to be of vital importance”.

“Our decision to suspend some arms export licences under one of the most robust arms export regimes in the world is separate to our commitment to deliver our trade negotiations with Israel,” the spokesperson added.

Crucially, this isn’t the first time Britain has suspended arms sales to Israel. Previous UK governments have also suspended arms exports, including Margaret Thatcher, who imposed an arms and oil embargo on Israel in 1982 over its invasion of Lebanon, and David Cameron, whose government suspended some licenses over the 2014 Gaza war.

However, the UK’s delayed response in suspending weapons sales - despite the much greater intensity of the current war on Gaza - reflects Britain’s growing closeness to Israel, a relationship Starmer still seeks to maintain.

Along with other Western powers including France and the US, Britain’s political will to cut ties with Israel has further diminished amid escalating regional tensions with Iran.

While Israel-Iran tensions linger, it’s expected that Starmer’s government will try to keep making the case to support Israel and its security.

Alignment with the US on Israel

Still, Starmer and Lammy seek to alleviate the mounting pressure on the government to realign with international and humanitarian law.

This was signalled by the resumption of funding to UNRWA - the aid agency for Palestinian refugees - on 19 July, after many of Israel’s Western allies suspended aid following Israeli allegations that several UNRWA workers joined the 7 October Hamas attacks. Aid charities and rights groups warned that these cuts would accelerate famine in Gaza.

Additionally, on 26 July, Starmer withdrew Britain’s challenge to the International Criminal Court (ICC) regarding Chief Prosecutor Imran Khan KC’s attempts to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, which the previous government tried to challenge.

These are among the subtle changes expected after Starmer became Prime Minister, even if no radical foreign policy shift were immediately anticipated.

To ensure Britain’s continued alignment with Washington, Starmer said that Washington “understands” his decision in an interview with the BBC. Meanwhile, US National Security Advisor John Kirby said the UK gave Washington a “heads up,” showing Starmer’s caution about straying from the US.

Fawaz Gerges, Professor of International Relations at the London School of Economics and Political Science (LSE), told The New Arab that the arms license suspensions are a “minimalist decision designed to signal a policy change, while continuing to align with the Biden administration in their preponderant support for Israel”.

He noted that while the UK’s recent arms suspensions alone wouldn’t dent Israel’s military capabilities, they, along with the ICC move “could strengthen the case for suspending weapons sales to Israel in other Western countries, particularly the United States and Germany”.

Indeed, a significant factor is the added pressure on Israel, as shown by Israeli officials’ angrily accusing the UK of "emboldening" Hamas by suspending arms sales, while Netanyahu refused to meet Lammy after the UK reversed its stance on opposing ICC arrest warrants. This reflects Israel's concerns about losing international support, given its efforts to maintain a positive global image amid the Gaza war.

The prospect of further changes

While London’s move may bolster further legal challenges to arms sales to Israel in other countries, the UK itself will also face increasing legal pressure.

On 8-10 October, the UK High Court will hear a judicial review lodged by rights groups Al-Haq and the Global Action Legal Network, who have taken legal action over the government’s arms sales to Israel.

Even so, Starmer’s desire to maintain close ties with the US and Israel has limited any broader action, for now. Mounting legal pressure, however, has proven it may be a decisive factor in shaping future military support for Israel.

Jonathan Fenton-Harvey is a journalist and researcher who focuses on conflict, geopolitics, and humanitarian issues in the Middle East and North Africa.

Follow him on Twitter: @jfentonharvey