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WQ.452/2023
WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY S.Y. MÉZEC OF ST. HELIER SOUTH
QUESTION SUBMITTED ON MONDAY 13th NOVEMBER 2023 ANSWER TO BE TABLED ON MONDAY 20th NOVEMBER 2023
Question
"In light of a recent warning by Tory MP Crispin Blunt, that "the UK could be complicit in war crimes in Gaza and could face legal action if it does not do more to restrain' Israel", will H.M. Attorney General clarify what risks, if any, does this potentially expose Jersey to, considering that the UK is responsible for our foreign policy and security?"
Answer
The article, from which the quote in the question is taken, reports that, "the International Centre of Justice for Palestinians (ICJP) - of which Mr Blunt is co-director - announced it has written a notice of intention to prosecute UK government officials for "aiding and abetting war crimes in Gaza".
The actions of the ICJP and the views of Crispin Blunt MP set out in the article are clearly directed at the UK Government and not Jersey. It is not clear from the article who in the UK Government has, or how they have, committed the crimes alleged. It is also not clear from the article whether the ICJP is seeking a prosecution of UK government officials in the UK Courts (possibly by way of a private prosecution) or before the International Criminal Court.
The actions of the UK Government since the 7 October 2023 have been summarised in a Research Briefing from the House of Commons Library published on the 10 November 2023[1]. It reports that the UK Government's actions include:
• Diplomacy with jurisdictions in the region focused on de-escalation of the conflict, facilitating humanitarian aid and the release of hostages;
• Deployment of military assets to patrol against the potential transfer of weapons to terrorist groups and to support any potential humanitarian efforts; and
• Humanitarian aid including £30 million in aid for the Occupied Palestinian Territories, in addition to earlier commitments totalling £27 million in aid during 2023/24.
Jersey has a developing international identity in accordance with the 2007 Framework for developing the international identity of Jersey. It is for the Government of Jersey to conduct external relations in accordance with the 2007 Framework and the States of Jersey Law 2005, albeit that Jersey follows UK foreign policy and security on the international stage.
Jersey has enacted the International Criminal Court (Jersey) Law 2014 ("ICC Law") which, inter alia, makes it an offence against the law of Jersey for a person to commit a war crime[2] in Jersey or for a Jersey resident, a United Kingdom national or a person subject to UK service jurisdiction (Article 45) to commit a war crime outside of Jersey, including ancillary offences.
Based on the above summary of UK Government actions, it is not immediately apparent that Jersey is exposed to any risks in domestic or international law by virtue of the UK's decisions in respect of the war in Gaza.