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UK arms sales to Saudi Arabia unlawful, court of appeal declares UK arms sales to Saudi Arabia unlawful, court of appeal declares
(about 3 hours later)
The court of appeal has declared British arms sales to Saudi Arabia unlawful because ministers failed to properly assess their contribution to civilian casualties in indiscriminate bombing in Yemen. British arms sales to Saudi Arabia have been declared unlawful by the court of appeal because ministers failed to properly assess their contribution to civilian casualties in indiscriminate bombing in Yemen.
The ruling from three senior judges follows a challenge brought by Campaign Against Arms Trade, which had accused the UK government of licensing the sale of arms when there was a clear risk that their use could breach international humanitarian law. The unexpected ruling has prompted the British government to suspend new arms sales to Saudi Arabia while it urgently reviews its processes – although Liam Fox, the international trade secretary, has said the government would also seek to appeal.
In its judgment in London on Thursday, the court of appeal ruled that “the process of decision-making by the government was wrong in law in one significant respect”. The appeal court judges had been asked by Campaign Against Arms Trade whether the sales of arms to Saudi Arabia for use in the Yemeni civil war was in breach of its own international humanitarian law guidance.
They concluded that the decision making process was “wrong in law in one significant respect” and told Fox to launch an immediate review following repeated concern that British licensed bombs are killing civilians in Yemen.
Announcing the court’s decision, Sir Terence Etherton, the master of the rolls, said the government “made no concluded assessments of whether the Saudi-led coalition had committed violations of international humanitarian law in the past, during the Yemen conflict, and made no attempt to do so”.
‘The Saudis couldn’t do it without us’: the UK’s true role in Yemen’s deadly war‘The Saudis couldn’t do it without us’: the UK’s true role in Yemen’s deadly war
Announcing the court’s decision the master of the rolls, Sir Terence Etherton, sitting with Lord Justice Irwin and Lord Justice Singh, said the government “made no concluded assessments of whether the Saudi-led coalition had committed violations of international humanitarian law in the past, during the Yemen conflict, and made no attempt to do so”. Etherton, sitting alongside Lord Justice Irwin and Lord Justice Singh, said ministers must now reconsider its arms sales approval process and “must then estimate the future risks” of breaches to international humanitarian law “in light of their conclusions about the past”.
However, he added: “The decision of the court today does not mean that licences to export arms to Saudi Arabia must immediately be suspended.” Shortly after the ruling Fox made an emergency statement to the Commons and confirmed that the government would seek to appeal. “We are carefully considering the implications of the judgment for decision-making,” Fox told MPs.
Future risks of breaches of humanitarian law by the Saudi-led coalition must be assessed by ministers when deciding whether to allow arms sales, in the context of past behaviour, the court said. “While we do this, we will not grant any new licences for export to Saudi Arabia and its coalition partners which might be used in the conflict in Yemen,” the minister added.
A spokesperson for the Department for International Trade said that ministers would seek leave to appeal. “This judgment is not about whether the decisions themselves were right or wrong, but whether the process in reaching those decisions was correct,” the spokesperson added. Later, Fox was understood to be privately telling MPs that he expected the review process called for by the court would take about 10 weeks – and would not lead to any of the previous licensing decisions be overturned.
The trade secretary, Liam Fox, is due to make an emergency statement in parliament this lunchtime, in which he will further spell out the response to the ruling. Arms trade campaigners say that Paveway, Brimstone and Storm Shadow bombs of the type used by the Saudis in Yemen are covered by separate “open licences”, which have not been suspended by Fox, and are only under review. “The bombs will continue,” one source added.
Lloyd Russell-Moyle, a Labour backbench MP who was in court for the ruling, said that it was a “damning judgment” and that he would now press for a full public inquiry into the legality of UK arms sales to Yemen. He hoped that his party’s frontbench would follow suit. Arms export licensing decisions of the type held to be unlawful are made by the international trade secretary on the advice the foreign secretary, a post currently held by Jeremy Hunt and previously by Boris Johnson.
He blamed past and present British foreign secretaries and other ministers for ignoring the evidence of civilian casualties and focused on the Tory leadership frontrunner, Boris Johnson, in particular. “This goes right to the top of the Tory party,” Russell-Moyle said. Earlier this month it had emerged that Johnson had recommended that the UK allow Saudi Arabia to buy bomb parts expected to be deployed in Yemen, days after an airstrike on a potato factory in the country had killed 14 people in 2016.
Shortly after, Labour called for “a full parliamentary or public inquiry”. Emily Thornberry, the shadow foreign secretary, said that the judgment proved “ministers have wilfully disregarded the evidence that Saudi Arabia was violating international humanitarian law in Yemen, while nevertheless continuing to supply them with weapons”. It was necessary to find out which ministers were responsible for breaches in arms controls law, she added. Labour called for a full parliamentary or public inquiry into arms sales to Saudi. Party leader Jeremy Corbyn added: “UK advice, assistance and arms supplies to Saudi’s war in Yemen is a moral stain on our country. Arms sales to Saudi must stop now.”
Lloyd Russell-Moyle, a Labour backbench MP who was in court for the ruling, blamed past and present British foreign secretaries and other ministers for ignoring the evidence of civilian casualties.
Focusing on the Tory leadership frontrunner, Johnson, Russell-Moyle added: “This goes right to the top of the Tory party.”
The UK has licensed the sale of at least £4.7bn worth of arms to Saudi Arabia since the start of the civil war in Yemen in March 2015, with most of the recorded sales taking place before 2018.The UK has licensed the sale of at least £4.7bn worth of arms to Saudi Arabia since the start of the civil war in Yemen in March 2015, with most of the recorded sales taking place before 2018.
Sales are signed off by the foreign, defence and international trade secretaries, and ministers and former ministers including the Tory leadership candidates Boris Johnson and Jeremy Hunt have defended the UK’s arms relationship with Riyadh. Both Johnson and Jeremy Hunt have defended the UK’s arms relationship with Riyadh, although other European countries have halted sales. Germany said it would not longer supply arms following the murder of journalist Jamal Khashoggi by Saudi agents in Istanbul last autumn.
Latest figures estimate that the death toll in the complex civil war in Yemen since 2016 is fast approaching 100,000 – although there is currently a ceasefire – with nearly 11,700 civilians killed in attacks that have directly targeted them. Latest figures estimate that the death toll in the complex civil war in Yemen since 2016 is fast approaching 100,000 – although there is currently a partial ceasefire – with nearly 11,700 civilians killed in attacks that have directly targeted them.
Estimates say that two-thirds of the civilian deaths were caused by the Saudi-led coalition; the rest were victims of actions by the Houthi rebels they are fighting.Estimates say that two-thirds of the civilian deaths were caused by the Saudi-led coalition; the rest were victims of actions by the Houthi rebels they are fighting.
Andrew Smith of Campaign Against Arms Trade said: “We welcome this verdict but it should never have taken a court case brought by campaigners to force the government to follow its own rules. Andrew Smith of Campaign Against Arms Trade called on ministers to halt the arms sales immediately. “It should never have taken a court case brought by campaigners to force the Government to follow its own rules.
“The Saudi Arabian regime is one of the most brutal and repressive in the world, yet, for decades, it has been the largest buyer of UK-made arms. No matter what atrocities it has inflicted, the Saudi regime has been able to count on the uncritical political and military support of the UK. “No matter what atrocities it has inflicted, the Saudi regime has been able to count on the uncritical political and military support of the UK,” Smith added.
“The bombing has created the worst humanitarian crisis in the world. UK arms companies have profited every step of the way. The arms sales must stop immediately.” The Saudi foreign minister, Adel al-Jubeir, speaking in London, said: “The only people that will benefit from the ending of arms sales to Saudi Arabia will be ‘the death to America’ crowd.”
Court of appealCourt of appeal
Arms tradeArms trade
Saudi ArabiaSaudi Arabia
Middle East and North AfricaMiddle East and North Africa
Foreign policyForeign policy
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