WHAT would it take for the UK Government to block weapons exports to another country?
According to its own export policy, the Tory government must block the supply of weapons to a nation if there is “a clear risk” that the items might be used to commit or facilitate “internal repression” or “a serious violation of international humanitarian law”.
In February, a host of UN special rapporteurs, working groups, and independent experts made it clear that, in their view, this threshold had been met.
“Any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law and must cease immediately,” a UN-issued press release on their intervention stated.
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In April, 600 British legal experts, including former Supreme Court president Brenda Hale, came to the same conclusion.
“We … call on the Government immediately to halt the export of weapons from the UK to Israel, given the clear risk that they might be used to commit serious violations of international humanitarian law,” they said.
But the UK Government has remained intransigent and continued to insist that its legal advice – which it will not publish – states that exporting weapons to Israel is compatible with international law.
The story is not the same for other nations, however.
How does the UK control weapons exports from its soil?
Any UK-based company which wants to export military hardware or software must first obtain a licence from the Westminster government. This is also true for “dual-use” items which could be used for civilian of military purposes.
There are extensive criteria which the UK Government says firms must meet before arms exports can be approved. These include:
- If there is a clear risk that the items might be used to commit or facilitate internal repression.
- Whether the recipient has in the past tried or threatened to pursue, by means of force, a claim against the territory of another country.
- The likelihood that the items would be used in the territory of another country other than for legitimate purposes including national or collective self defence.
- The balance of forces between the states or actors in the region concerned.
- Whether the items might be used to commit or facilitate gender-based violence or serious acts of violence against women or children.
Has the UK banned weapons exports to any countries?
Yes, the UK has arms embargoes in place on several countries around the world, and further trade restrictions in place on others.
However, its listed arms embargoes do not always align with data compiled by the Campaign Against Arms Trade (CAAT), which tracks arms exports from the UK to other nations.
In the case of Afghanistan, on which the UK has an arms embargo, CAAT data shows that an unlimited-value export licence was granted by the UK in March 2023. The following month, £375,000 worth of items were sent to the country.
The CAAT said the apparent disagreement is likely down to two things: the incredibly complex way in which the UK releases information on weapons exports, and the fact that both military and dual-use (that could have military or civilian use) items are covered by the licences.
As such, the UK could have an arms embargo on a nation, but items classified as dual-use may still be exported there.
What countries does the UK impose an arms embargo on?
The UK imposes an arms embargo on the following countries, according to an official Government list:
- Afghanistan
- Armenia
- Azerbaijan
- Belarus
- Burma
- Central African Republic
- China (People’s Republic other than the Special Administrative Regions)
- Democratic People’s Republic of Korea (DPRK)
- Democratic Republic of the Congo
- Hong Kong Special Administrative Region
- Iran
- Iraq
- Lebanon
- Libya
- Russia
- Somalia
- South Sudan
- Sudan
- Syria
- Venezuela
- Yemen
- Zimbabwe
Do other UK weapon export restrictions exist?
Yes, the UK has arms embargoes on terrorist organisations including ISIL and Al-Qaida.
The UK also respects the terms of a convention adopted by the Economic Community of West African States (ECOWAS) on small arms and light weapons, their ammunition and other related materials, and a moratorium on the import, export and manufacture of light weapons.
As a result, the UK will “not issue an export licence for small arms and light weapons, components or ammunition unless the ECOWAS Commission has issued an exception to its moratorium”.
Countries under ECOWAS restrictions include Ghana, Cape Verde, Benin, Mali, Nigeria, and Senegal.
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