Former supreme court judges say UK arming Israel breaches international law - The Guardian

Three former supreme court justices, including the court’s former president Lady Hale, are among more than 600 lawyers, academics and retired senior judges warning that the UK government is breaching international law by continuing to arm Israel.

In a letter to the prime minister, the signatories, who also include former court of appeal judges and more than 60 KCs, say that the present situation in Gaza is “catastrophic” and that given the international court of justice (ICJ) finding that there is a plausible risk of genocide being committed, the UK is legally obliged to act to prevent it.

The 17-page letter, which also amounts to a legal opinion, was sent on Wednesday evening and says: “While we welcome the increasingly robust calls by your government for a cessation of fighting and the unobstructed entry to Gaza of humanitarian assistance, simultaneously to continue (to take two striking examples) the sale of weapons and weapons systems to Israel and to maintain threats of suspending UK aid to Unwra falls significantly short of your government’s obligations under international law.”

It comes as Conservative MPs piled pressure on Rishi Sunak to act after seven international aid workers, including three British citizens, were killed by an Israeli airstrike in Gaza on Monday. Party sources believe that the foreign secretary, David Cameron, has been pushing for the government to harden its approach to Israel but has been met with resistance from Downing Street.

Three Tory backbenchers and one former minister now in the Lords said that the UK should stop exporting arms to Israel after the airstrike, while the findings of a YouGov poll, conducted before the strike, suggested that the government and Labour are out of step with public sentiment, with a majority of voters – by 56% to 17% – in favour of an arms ban.

The letter calls for the government to work towards a permanent ceasefire and to impose sanctions “upon individuals and entities who have made statements inciting genocide against Palestinians”. It says that restoring funding to Unrwa – which was withdrawn after Israel’s yet-to-be-substantiated allegations that 12 staff at the United Nations agency for Palestinian refugees were involved in the 7 October attacks – is necessary for “effective entry and distribution of the means of existence to Palestinians in Gaza, and by extension the prevention of genocide”.

On arming Israel, it says: “The ICJ’s conclusion that there exists a plausible risk of genocide in Gaza has placed your government on notice that weapons might be used in its commission and that the suspension of their provision is thus a ‘means likely to deter’ and/or ‘a measure to prevent’ genocide.”

The Conservative MPs David Jones, Paul Bristow and Flick Drummond, and the Tory peer Hugo Swire, all called for the suspension of arms exports to Israel after Peter Ricketts, who was a government national security adviser during David Cameron’s premiership and now sits in the Lords, expressed similar sentiments.

Drummond, the MP for Meon Valley, said: “This has been concerning me for some time. What worries me is the prospect of UK arms being used in Israel’s actions in Gaza, which I believe have broken international law.”

Lord Ricketts told BBC Radio 4’s Today programme: “I think there’s abundant evidence now that Israel hasn’t been taking enough care to fulfil its obligations on the safety of civilians. And a country that gets arms from the UK has to comply with international humanitarian law. That’s a condition of the arms export licence.”

The Scottish first minister, Humza Yousaf, warned that by refusing to stop arms sales to Israel, “the UK is in danger of being complicit in the killing of innocent civilians”.

The letter’s significance lies not just in the number of signatories but the fact that it has been signed by senior retired judges, who normally shy away from commenting publicly on issues that are politically sensitive.

Prominent signatories include the former supreme court justices Lord Sumption and Lord Wilson, the former Lord Justices of Appeal Sir Stephen Sedley, Sir Alan Moses, Sir Anthony Hooper and Sir Richard Aikens, and the former chair of the Bar of England and Wales, Matthias Kelly KC.

They say in the letter: “The UK must take immediate measures to bring to an end through lawful means acts giving rise to a serious risk of genocide. Failure to comply with its own obligations under the genocide convention to take ‘all measures to prevent genocide which were within its power’ would incur UK state responsibility for the commission of an international wrong, for which full reparation must be made.”

The letter goes further – and has a more eminent list of signatories – than a previous one sent to Sunak in October, concerning the government’s obligations to avert and avoid complicity in serious breaches of international humanitarian law.

It says there have since been “significant developments” in relation to the situation in Gaza. These include the interim orders issued by the ICJ and the worsening situation in Gaza, with at least 32,623 Palestinians killed by the Israeli offensive, “imminent famine”, caused by Israel’s blocking of aid, the destruction of health facilities, killings of healthcare and humanitarian workers, and reports of torture and inhuman or degrading treatment.

One of the signatories, Phillippa Kaufmann KC, said: “That so many senior members of the UK legal profession are speaking with such force to urge the government to act upon its legal obligations, demonstrates the depth of our concern about the clear evidence of gross violations of international law in Gaza.”

The letter also calls on the government to continue to “use all endeavours” to secure the release of the Israeli hostages seized in the 7 October attacks in which Hamas and other militant groups killed approximately 1,200 people in Israel.

The UK government has refused to publish its own legal advice on the matter but a leaked recording suggests its own lawyers have advised that Israel has breached international humanitarian law in Gaza.

Sunak told the Sun on Wednesday night that arms licences were kept under “careful” review according to “regulations and procedures that we’ll always follow”.

• Guardian Newsroom: Crisis in the Middle East
  On Tuesday 30 April, 7-8.15pm GMT, join Devika Bhat, Peter Beaumont, Emma Graham-Harrison and Ghaith Abdul-Ahad as they discuss the fast-developing crisis in the Middle East. Book tickets here or at theguardian.live

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Teachers could strike in September, union says - BBC.com

Teachers in England and Wales could strike again over pay, in September, the National Education Union has said.

Members debating pay, on Thursday, are expected to vote on whether to hold a formal strike ballot.

But the NEU leadership could call such a ballot even without that backing. And a strike would then require a majority in favour, on a turnout of at least 50%

The Department for Education in England said further strikes would "cause more disruption to pupils".

Teacher across the UK went on strike last year, including eight days by NEU members in England.

Speaking at the NEU's conference, in Bournemouth, general secretary Daniel Kebede said there was "more and more frustration developing amongst" teachers.

"My view is if there is a decision to go for a formal ballot, we should conduct that over a fairly significant period of time, looking to take action in September," he said.

Members have already been asked if they would strike for a fully funded above-inflation pay rise, as part of an informal consultative ballot in recent weeks.

And in England and Wales, most responded, with about 90% saying they would be prepared to strike - a result Mr Kebede called "exceptionally significant", adding England's Education Secretary, Gillian Keegan, "has to take that seriously".

NASUWT, the Teachers' Union, also held an informal consultative ballot, in England - but 78% of those who voted rejected a formal ballot.

General secretary Patrick Roach told its conference, in Harrogate, N Yorks: “Our members have weighed that up and their priority right now is not about causing more disruption to lives that are already in tumult, but actually saying we need a government that's on the side of teachers and on the side of children and young people.”

The union would be "looking carefully at how the government responds" to calls for a pay rise, he said, adding: "2023 was a year of action - this must be the year of change."

Retaining staff

Strikes in England ended last year, after all four teaching unions accepted the government's 6.5% pay rise, in July.

The starting salary rose to £30,000, last year - but experienced teachers' pay this school year remains 12% lower than in 2010-11, once rising living costs are taken into account, according to the National Foundation for Educational Research.

And unions have continued to call for a fully funded above-inflation pay increase this year, to help tackle difficulties recruiting and retaining staff.

No formal offer has been made for teachers' 2024-25 pay award in England or Wales.

In England, the School Teachers' Review Body is expected to give its recommendation this term.

'Austerity agenda'

In a letter to the STRB, last month, Ms Keegan said she supported a return of teacher pay awards this year "to a more sustainable level than the previous two historically high pay awards".

The DfE said the unions "should engage" with the STRB process "instead of striking before they even know what the pay recommendations are".

Overall school funding was rising to more than £60bn in 2024-25 and teachers had "already benefitted from two historic pay awards totalling over 12% in just two years".

A Welsh government official said “the UK government’s austerity agenda places significant pressure on all budgets” and “meeting the cost of the teachers’ pay award should be considered in this context”.

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Pouria Zeraati: Three accused of TV presenter attack have left UK - BBC

@pouriazeraati

By Thomas Mackintosh

BBC News

Three men suspected of being involved in the stabbing of an Iranian TV host in south London have left the UK, the Metropolitan Police has said.

Pouria Zeraati, 36, was stabbed outside his home in Wimbledon on Friday afternoon.

He has since been discharged from hospital.

Cdr Dominic Murphy, said: "We have identified three suspects who we believe left the UK within hours of the attack."

The Met did not say where the men may have gone.

Detectives have established Mr Zeraati was approached by two men in a residential street and stabbed before the pair fled in a blue Mazda 3 driven by a third male.

The car was found abandoned in the New Malden area shortly after.

"We have established that after abandoning the vehicle, the suspects travelled to Heathrow Airport and have left the UK," Cdr Murphy said in an update.

"We are now working with international partners to establish further details."

He added the Met was not yet able to provide further information about any motive, but Mr Zeraati's occupation, coupled with recent threats towards UK-based Iranian journalists, meant the investigation continued to be led by counter-terrorism officers.

The Iranian regime has denied any involvement.

Iran International

On Monday, Mr Zeraati thanked well-wishers for their "sympathy, kindness and love in the past few days".

"Fortunately, I am feeling better, recovering and I have been discharged from the hospital," he posted on X.

"My wife and I are residing at a safe place under the supervision of the Met Police."

Mr Zeraati, the host of the Last Word on Iran International, claimed the suspects had purposefully planned the attack.

Iran International says it provides independent coverage of events in the country, but the regime in Tehran has declared it a terrorist organisation.

The channel's spokesman told BBC Radio 4's Today programme on Saturday the Islamic Revolutionary Guards Corps (IRGC) had been targeting journalists and their families.

Adam Baillie said: "It was a shocking, shocking incident, whatever the outcome of an investigation reveals.

"But for him as a leading presenter, as with our other presenters and journalists, yes, it is a great shock.

"It's the first attack of its kind."

Iran's charge d'affaires in the UK, Mehdi Hosseini Matin, said "we deny any link".

Related Topics

• Metropolitan Police Service
• London
• Iran

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Sunak backs JK Rowling in trans arrest row with Scottish police - The Telegraph

Rishi Sunak has backed JK Rowling after she challenged Scottish police to use the SNP’s new hate crime laws to arrest her for her views on transgender issues.

The Harry Potter author had said she was looking forward to being arrested after describing a series of transgender women as men on the day the new law came into force.

An SNP minister had earlier admitted that Rowling could be investigated under the Hate Crime and Public Order (Scotland) Act – which creates a new offence of “stirring up of hatred” for “misgendering” trans people.

However, the Prime Minister gave his support to Rowling saying that the Conservatives would always protect free speech.

He said: “People should not be criminalised for stating simple facts on biology. We believe in free speech in this country, and Conservatives will always protect it.”

On Monday, Rowling had posted pictures of 10 high-profile trans people and ridiculed their claims to be women.

They included the “double rapist” Isla Bryson, whom she mockingly referred to as a “lovely Scottish lass”, and the TV personality India Willoughby.

At the end of the list, Rowling tweeted: “April Fools! Only kidding. Obviously, the people mentioned in the above tweets aren’t women at all, but men, every last one of them.”

Scotland's Hate Crime Act comes into effect today. Women gain no additional protections, of course, but well-known trans activist Beth Douglas, darling of prominent Scottish politicians, falls within a protected category. Phew! 1/11 pic.twitter.com/gCKGwdjr5m

— J.K. Rowling (@jk_rowling) April 1, 2024

She said: “Freedom of speech and belief are at an end in Scotland if the accurate description of biological sex is deemed criminal.

“I’m currently out of the country, but if what I’ve written here qualifies as an offence under the terms of the new act, I look forward to being arrested when I return to the birthplace of the Scottish Enlightenment.” She used the hashtag #arrestme.

After posting the list of trans women, Rowling said that the MSPs who voted for the new hate crime laws had “placed higher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls”.

She said: “The new legislation is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women’s and girls’ single-sex spaces, the nonsense made of crime data if violent and sexual assaults committed by men are recorded as female crimes, the grotesque unfairness of allowing males to compete in female sports, the injustice of women’s jobs, honours and opportunities being taken by trans-identified men, and the reality and immutability of biological sex.”

Humza Yousaf, the First Minister, oversaw the passage of the hate crime legislation at Holyrood in 2021, when he was justice secretary in Nicola Sturgeon’s government.

The Act was supported by almost all SNP and Labour MSPs. However, it did not come into force until Monday, as Police Scotland said it needed time for training. A third of officers have still not completed the two-hour training course.

The Act creates a criminal offence of “stirring up of hatred”, expanding on a similar offence based on racist abuse that has been on the statute book for decades.

The legislation extends this to other grounds on the basis of age, disability, race, religion, sexual orientation or transgender identity. Someone convicted of stirring up hate could face a fine and a prison term of up to seven years.

An amendment to add sex to the list of protected characteristics was voted down, despite cross-party MSPs raising concerns about why women were excluded.

Concerns have also been expressed that the legislation’s definition of a hate crime is too ambiguous, potentially leading to a “chilling” effect on freedom of speech and a torrent of vexatious complaints being made to police. In particular, Rowling’s allies have suggested that trans activists have her “in their sights”.

Rowling said Scottish women had been pressured by the SNP Government and the police to “deny the evidence of their eyes and ears, repudiate biological facts and embrace a neo-religious concept of gender that is unprovable and untestable”.

The policy of self-identification had “serious consequences” for women’s rights and safe spaces, she said, with the “strongest impact” being felt by female prisoners and rape survivors.

“It is impossible to accurately describe or tackle the reality of violence and sexual violence committed against women and girls, or address the current assault on women’s and girls’ rights, unless we are allowed to call a man a man,” she said.

Alister Jack, the Scottish Secretary, added: “It is a truly awful piece of legislation. It will place unnecessary pressure on our already overstretched police force and it will have a chilling effect on freedom of speech.

“Scotland is famous for an irreverent sense of humour and a love of robust debate. I fear these great traits of ours will be crushed by this authoritarian Nationalist administration.”

Recommended

Rowling's 'come and get me' retort to Hate Crime Act is direct challenge to Yousaf

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Siobhian Brown, the SNP’s community safety minister, initially stated that misgendering would “not at all” fall foul of the legislation but then admitted it would be for the police to decide.

She told BBC Radio 4’s Today programme: “It could be reported and it could be investigated. Whether or not the police would think it was criminal is up to Police Scotland for that.”

However, she said there was a “very high threshold” of criminality in the legislation of being “threatening and abusive”, and people would not be prosecuted for expressing a “challenging or offensive” opinion.

Justin Webb, who conducted the interview with Ms Brown, was found in February to have broken impartiality rules by calling trans women “males” on air.

The BBC upheld a complaint against the Today presenter after he said “trans women, in other words, males” on the Radio 4 programme last August.

A listener complained that the comment amounted to Mr Webb giving his personal view on a controversial matter in breach of the BBC’s requirements on impartiality.

On Monday, protesters gathered outside the Scottish Parliament to demonstrate against the Act’s introduction, but Mr Yousaf claimed it was needed thanks to “a rising tide of hatred against the people because of their protected characteristics”.

“Unless your behaviour is threatening or abusive and intends to stir up hatred, then you have nothing to worry about in terms of the new offence that has been created,” he told Sky News.

Pressed on Rowling’s views, he said the police would investigate if a crime had been committed and the Crown Office would decide “if there is a sufficiency of evidence to charge”.

Jim Sillars, the SNP’s former deputy leader, has launched a campaign to “resist the Hate Crime Act and campaign for its repeal”. He said: “Humza Yousaf’s Hate Crime Act inflicts a deep wound on the face of Scottish society.”

Police Scotland did not reveal how many reports of crime it had received on the first day the act came into force.

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Butterfly study finds sharpest fall on record for small tortoiseshell in England - The Guardian

The small tortoiseshell butterfly has suffered its worst year on record in England, and has declined by 82% across the UK since 1976, according to the annual scientific count of butterfly populations.

The sharp decline in numbers of the once-common garden butterfly has puzzled scientists, but it is thought to be linked to climate breakdown. It had its worst year on record in England, its second worst in Wales and its joint-fifth worst in Scotland in 2023 but did well in Northern Ireland, logging its second-best year.

Results from the annual UK Butterfly Monitoring Scheme (UKBMS), the largest and longest-running scientific butterfly dataset in the world, show a mixed picture for the UK’s populations. The scheme is run by Butterfly Conservation, the UK Centre for Ecology and Hydrology (UKCEH), the British Trust for Ornithology and the Joint Nature Conservation Committee.

Half the 58 species monitored had a better than average year, while the other half were below average at monitored sites. Some showed encouraging signs that conservation efforts are working: the large blue, which was reintroduced to the UK in the 1980s after it became extinct in 1979, recorded its best year yet. The chequered skipper, which was returned to England in 2018 after becoming extinct in the 1970s, also recorded its best ever year.

Some species are still suffering the effects of the 2022 drought, such as the green-veined white and the ringlet, which both had a poor year. This is because the food plants that the caterpillars of the next generation feed upon died during the drought, leaving fewer caterpillars to survive and transform into the next generation of butterflies.

Climate breakdown appears to be damaging the small tortoiseshell’s prospects in southern Britain, while it has generally fared better in north-western areas in recent summers. Global heating is helping some species, such as the red admiral, which enjoyed its best ever year last year. It is a migratory species that has begun to overwinter in the UK as the climate has warmed, and its numbers have increased by 318% at monitored sites since 1976.

Dr Marc Botham, a butterfly ecologist at the UKCEH, said: “Butterflies are an indicator species, meaning they can tell us about the health of the wider environment, which makes the UKBMS data invaluable in assessing the health of our countryside and natural world in general. The mixed results this year emphasise the need for continued monitoring and conservation efforts to protect these important species and their habitats.

The UKBMS now records data on more than 3,000 sites a year, which is used for understanding changes in insect populations and provides indications about climate breakdown and the effect on species.

Dr Richard Fox, the head of science at the charity Butterfly Conservation, said: “Butterfly numbers fluctuate naturally from year to year, largely due to the weather, but the long-term trends of UK butterflies are mainly driven by human activity, including habitat damage and destruction, pesticide use, pollution and climate change. By monitoring long-term butterfly trends we can learn about the impact of climate change and other factors on our native wildlife.”

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JK Rowling hate law posts not criminal, police say - BBC

Getty Images

By Megan Bonar & Katy Scott

BBC Scotland News

Social media comments made by JK Rowling challenging Scotland's new hate crime law are not being treated as criminal, Police Scotland has said.

The Harry Potter author described several transgender women as men, including convicted prisoners, trans activists and other public figures.

The new law creates a new crime of "stirring up hatred" relating to protected characteristics.

The force said complaints had been received but no action would be taken.

Reacting to the news, Ms Rowling posted on X: "I hope every woman in Scotland who wishes to speak up for the reality and importance of biological sex will be reassured by this announcement, and I trust that all women - irrespective of profile or financial means - will be treated equally under the law.

"If they go after any woman for simply calling a man a man, I'll repeat that woman's words and they can charge us both at once."

• PM backs JK Rowling's views on new hate crime law
• JK Rowling in 'arrest me' challenge over hate crime law
• Scotland's new hate crime law comes into force

The Hate Crime and Public Order (Scotland) Act 2021 makes it a criminal offence to make derogatory comments based on disability, religion, sexual orientation, transgender identity or being intersex.

Stirring up hatred based on race, colour, nationality or ethnicity was already illegal in Great Britain under the Public Order Act 1986 but is now included in the new law.

Since the law came into effect on Monday Police Scotland has received more than 3,000 complaints.

Getty Images

Katie Neeves, a trans woman who was appointed a UN Women UK delegate, was mentioned by Ms Rowling in a previous thread on X.

The author claimed Ms Neeves "switched from straight man to lesbian at the age of 48".

Ms Neeves told BBC News she was "very disappointed" with Police Scotland.

She said: "JK Rowling is a bully and this act was designed to stop bullying, and if they're not going to enforce it then that's very disappointing."

"She listed me and some other trans people along with some sex offenders and put it out to 14 million of her followers.

"That was inciting hatred and it resulted in me receiving thousands of messages of hate. So it's done what she set out for it to do."

Ms Neeves said the story had been published all over the world and was "all misinformation about me".

She added: "It's horrible and it's really harmful."

Ms Neeves also confirmed she would be making a complaint to the police but had not done so yet.

Prime Minister Rishi Sunak earlier backed Ms Rowling's stance stating the UK had a proud tradition of free speech.

Mr Sunak would not be drawn on whether he supported her approach, saying that it was "not right for me to comment on police matters, individual matters".

But he added: "We should not be criminalising people saying common sense things about biological sex, clearly that isn't right.

"We have a proud tradition of free speech."

Scotland's First Minister Humza Yousaf said racist graffiti, which appeared near his home, is a reminder of why Scotland must take a "zero-tolerance" approach to hate crime.

He said the law was designed to deal with what he called a "rising tide of hatred" in society.

A spokesperson for the first minister said: "The prime minister's comments ignore the fact that the right to freedom of expression is built into the Act and that it also has a high threshold for criminality.

"The legislation does not prevent people expressing controversial, challenging or offensive views, nor does it seek to stifle criticism or rigorous debate in any way."

Police Scotland said a large proportion of the complaints it had received concerned a speech made by Mr Yousaf in 2020 when, as justice secretary, he highlighted the number of white people holding prominent positions in Scotland.

The force said complaints about the speech were assessed at the time and it was established that no crime had been committed.

The law states that it is a defence for a person charged with stirring up hatred to show that their actions were "reasonable."

It also references the right to freedom of expression in the European Convention on Human Rights, which includes protection for "ideas that offend, shock or disturb."

At the heart of criticism of the hate crime law is the fact that it does not include biological sex as a protected characteristic.

The Scottish government points out that it is planning a separate law to tackle hatred and harassment of women which it says will be introduced at Holyrood by the end of the parliamentary term in 2026.

'Great relief'

Supporters of Ms Rowling welcomed Police Scotland's decision.

Susan Smith of For Women Scotland, which campaigned against recent proposed changes to gender law, told the BBC's Newscast podcast that it was "a great relief but it's only happened because she pushed it".

"Now hopefully anybody else who says something similar will know that they are protected," added Ms Smith.

Earlier, Dr Nick McKerrell, a senior law lecturer at Glasgow Caledonian University, told BBC Radio Scotland's Drivetime he thought it was unlikely that Ms Rowling would be prosecuted.

He told the programme: "On balance I think she probably won't be prosecuted because the test in the legislation states that you have to be threatening and abusive to someone with your language which essentially means that you have to cause them fear and alarm.

"I think it's close to the edge but I don't think, as it stands, those communications do that.

"Also, within the law, there is a protection for being offensive or shocking in your language and I think it could fall into that category of being offensive and shocking, but not in the realm of criminality."

The lecturer added: "There is a test for stirring up hatred, which the courts have recognised. It's quite a high level to stir up hatred.

"So any group that thinks this law is going to lower that is wrong."

Related Topics

• Police Scotland
• JK Rowling
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2024-04-02 21:35:16Z
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Pouria Zeraati attack: Three suspects left UK hours after Iranian journalist was stabbed in London, police say - Sky News

Three suspects believed to be involved in the stabbing of an Iranian journalist left the UK a few hours after the attack, according to police.

Pouria Zeraati, a presenter at London-based broadcaster Iran International, was stabbed in the leg outside his home in Wimbledon, southwest London, on Friday afternoon.

The Metropolitan Police said the victim was approached by two men in a residential street before he was attacked.

The pair then fled the scene in a blue Mazda 3, driven by a third man, which was abandoned in the New Malden area shortly afterwards.

The suspects then "travelled directly to Heathrow Airport and left the UK within a few hours of the attack", said police.

Forensic experts are currently examining the vehicle as searches around the New Malden area continue.

Police have said the motivation for the attack is not yet clear, but Mr Zeraati's occupation - coupled with recent threats towards UK-based Iranian journalists - meant the probe was being led by specialist counter-terrorism officers.

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The force said it was "keeping an open mind on any potential motivation" for the attack.

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The presenter was discharged from hospital on 1 April, and said he and his wife were living at a "safe place" under the Met's supervision.

Image: Mr Zeraati had shared a photo of himself from his hospital bed after the attack. Pic: X/@pouriazeraati

Mr Zeraati had thanked well-wishers for their calls and messages of support, posting on X: "The amount of your sympathy, kindness and love in past few days has been and is the greatest and best energy for my recovery process."

Iran International spokesman Adam Baillie said the Islamic Revolutionary Guards Corps (IRGC) has been targeting its broadcasters.

In October 2022, the IRGC - a key security force for the regime in Tehran - "openly" and "nakedly" warned Iran International 'we're coming for you', Mr Baillie added.

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2024-04-02 20:26:15Z
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