London, 15 September 2026
Dear Prime Minister,
We are lawyers, legal academics and former judges who are UK-based or qualified. We write following the measures announced by the Foreign Secretary on 8 September 2026 concerning the United Kingdom’s (‘UK’) economic relationship with Israeli settlements in the occupied Palestinian territory (‘oPt’). We welcome them as a necessary corrective to a position long overdue for revision. However, we do not consider that they discharge the obligations international law imposes on this country, and we write to say so at a moment of acute and accelerating violation.
In its Advisory Opinion on the Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem of 19 July 2024, the International Court of Justice (‘ICJ’) found that Israel's legislation and measures impose and maintain what it described as a “near-complete separation” between settler and Palestinian communities in the West Bank and East Jerusalem, in breach of the prohibition of racial segregation and apartheid under Article 3 of the Convention on the Elimination of All Forms of Racial Discrimination.[1]
However, the court’s ruling has not had an impact on Israel’s apartheid practices. On 18 August 2026, the Israeli Ministry of Construction and Housing opened tenders for 1,234 housing units in the E1 area east of Jerusalem, the first tranche of the 3,401 units approved in August 2025. Bidding closes on 19 October 2026, eight days before the Israeli general election. The development would cut the northern West Bank off from the southern West Bank, complete the isolation of East Jerusalem, and displace more than eighteen Bedouin communities.[2] The Foreign Secretary, Ed Miliband, reiterating the position taken by both his Labour and Conservative predecessors,[3] has described the settlements and those tenders as illegal under international law, and has condemned the increased “settler terrorism” driving Palestinians from their homes.[4] In its report covering the year from January 2025 to May 2026, the United Nations Office for the Coordination of Humanitarian Affairs recorded 2,803 attacks by Israeli settlers resulting in Palestinian casualties or damage to Palestinian property; 295 Palestinian fatalities, including 67 children; 5,255 Palestinian injuries, including 862 children; and the demolition of 2,292 Palestinian structures.[5]
Last month, Human Rights Watch noted that numbers have spiked in 2026, warning that “the Israeli government and the settlers share the same goal of maximum land and minimum Palestinians, with the authorities not only failing to stop settler violence, but actively enabling it.”[6] On 11 August 2026, the UN Deputy Special Coordinator for the Middle East Peace Process told the Security Council that 76 Palestinians, including 18 children, had been killed in the West Bank by Israeli forces or settlers since the start of the year; that some 3,800 Palestinians, nearly half of them children, had been forcibly displaced by settler violence, demolitions and evictions; and that the Israeli authorities had approved or advanced about 12,360 settlement housing units since January.[7] We invite the UK Government to impose restrictive measures, as its obligations under international law and its commitment to the rule of law require.
The transfer by an occupying power of parts of its own civilian population into the territory it occupies is prohibited by Article 49(6) of the Fourth Geneva Convention 1949, to which Israel, Palestine and the UK are parties; as the ICJ held in the 2024 Advisory Opinion, Israel is violating this obligation, and is required to cease all new settlement activity immediately and to evacuate all settlers.[8] This conduct, constituting a violation of Israel’s obligations, also constitutes a war crime as a matter of individual criminal responsibility under Article 8(2)(b)(viii) of the Rome Statute of the International Criminal Court, which Palestine and the UK are parties to, and the UK has incorporated into domestic law through the International Criminal Court Act 2001. As also held by the ICJ in the 2024 Advisory Opinion, Israel is appropriating and exploiting the oPt and its resources for the benefit of its own population, contravening Articles 46 and 55 of the Hague Regulations 1907, reflective of the position in customary international law (Israel is not a party to the Hague Regulations; Palestine and the UK are). The announced measures address the aforementioned illegality to some degree, and we welcome the step forward. The import prohibition addresses what the occupied territory exports; however, the exploitation prohibited by the customary international law rules reflected in the Hague Regulations is sustained at least as much by what flows in, and the announced prohibition on services, while significant, does not yet reach every channel through which it flows.
In the 2024 Advisory Opinion, the ICJ also held that Israel’s continued presence in the oPt is unlawful as a violation of Palestinian self-determination and the prohibition on the annexation of territory through the use of force, and should be brought to an end as rapidly as possible.
All the aforementioned violations of international law, and the other such violations held by the ICJ in the 2024 Advisory Opinion, by Israel in the oPt, are ‘serious’ in character, and of rules that are fundamental, thereby enjoying jus cogens status (being non-derogable) and operating erga omnes (giving rise to an interest on the part of all States to ensure compliance). In consequence, as the ICJ ruled in the 2024 Advisory Opinion, all States, including the UK, bear special obligations to suppress these violations: a positive duty to take steps to bring these violations to an end, and negative duties, not to recognize these violations as lawful, and not to provide aid or assistance to them.[9]
We note that in September 2024 the UN General Assembly endorsed, by a large majority, the ICJ’s findings of both illegality and the special suppression obligations borne by third states in consequence of this illegality.[10] While the UK Government has recognised that the occupation is unlawful, the suppression obligations it is subject to, as explained by the ICJ and endorsed by the General Assembly, go way beyond simply acknowledging this reality; they require changes in policy and practice to fulfil the negative duties of non-recognition and non-aid and non-assistance, and the positive duty to end Israel’s non-compliance, including, fundamentally, by bringing the illegal occupation to an end. We welcome the UK Government’s decision to act alongside its allies, Canada and France, but the action covered in the recent announcement falls far short of what these suppression obligations require. We ask it to commit to further and more rigorous measures to ensure that no part of the UK’s economic relationship with Israel continues to sustain the illegal occupation itself, and the settlements and other serious violations of fundamental rules of international law perpetrated through its conduct, and to build on this to adopt robust coercive measures to seek to bring all these serious violations of international law, and the practices they sustain, including, fundamentally, the occupation itself, to an end.
Finally, we note the Foreign Secretary’s statement that the sanctions regime targets illegal settlements and settlement expansion, and not Israel. The obligations identified by the ICJ in the 2024 Advisory Opinion, and the subsequent General Assembly resolution endorsing it, however, attach to the occupation as a whole, and the Government has itself found that ethnic cleansing is taking place. Article 6(3) of the Arms Trade Treaty prohibits transfers where a State has knowledge that the items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions or other war crimes.[11] Having made that finding, the UK Government cannot treat that knowledge as absent.
It is notable, by contrast to the improperly narrow approach to the sanctions regime adopted towards Israel, the UK’s Russia sanctions are not confined to economic activity in occupied Ukrainian territory. They extend to Russian banks, energy companies, state-linked enterprises, shipping networks, exports, imports, investment activity, financial services and other sectors of the Russian economy because those structures are viewed as enabling, financing or benefiting from Russia's aggression against Ukraine. The underlying logic of the regime is that pressure may properly be exerted on the wider economic structures supporting the unlawful conduct, rather than only on activities taking place within the occupied territory itself.
We recognise that the UK Government has acted on its legal obligations aimed at suppressing illegal conduct by individual Israelis before, having made designations under the Global Human Rights Sanctions Regulations 2020 against settler individuals, outposts and entities on successive occasions. In February 2024, sanctions were imposed on extremist Israeli settlers who have violently attacked Palestinians in the occupied West Bank.[12] In October 2024[13] and May 2025[14], further designations were made against outposts and organisations that had supported, incited or promoted violence against Palestinian communities. In June 2025, two serving Israeli ministers were designated in their personal capacity for the incitement of violence against Palestinian communities, including settler expansion and settler violence.[15]
More recently, in June 2026, the then Foreign Secretary, Yvette Cooper and a number of UK allies imposed sanctions against networks financing and enabling settler attacks against Palestinians in the West Bank, while also advising British businesses against activity in illegal Israeli settlements.[16] The Foreign, Commonwealth & Development Office’s official guidance strongly advises UK businesses against economic and financial activity in or with Israeli settlements, which the UK Government has characterised, with international partners, as a serious breach of international law.[17] We welcome each of those steps.
Despite successive Conservative and Labour governments having previously announced steps of this kind, none has measurably reduced settler violence or slowed settlement expansion. Their effect has been largely symbolic. That history is why we press on implementation rather than announcement. While we welcome your office’s measures, we note that at least ten military flights have reportedly departed from RAF bases for Israel since your Government took office, notwithstanding the situation in Gaza and escalating violence in the West Bank.[18]
The difficulty is that the framework these designations and guidance materials form remains incomplete in a manner that is difficult to reconcile with the suppression obligations of non-recognition and non-assistance as explained by the ICJ, and endorsed by the General Assembly, in 2024. Designations reach individual actors, and only those whose conduct can be linked to serious human rights abuses within the scope of the Global Human Rights Sanctions Regulations 2020. A person or entity that finances or constructs settlements, or provides the infrastructure and services that sustain them, falls outside that regime unless it can also be tied to acts of violence. The Foreign Secretary has announced plans to establish a comprehensive sanctions regime and extend the existing regime to enable swifter action to deter settlement expansion, including seeking to prevent the development of E1. Those undertakings are significant, and their value will depend entirely on their terms and their timing. Meanwhile, an investigation by Al Jazeera has identified at least seventeen companies with links to Israeli settlements in the occupied West Bank that hold UK public-sector contracts, together worth in excess of £2.1 billion.[19]
Until the announced prohibitions are in force, produce cultivated on settlement land continues to enter the UK market; UK persons and companies continue to supply services the prohibition will not reach; UK charities appear to continue to provide funding to settlements[20]; and guidance in those areas remains advisory in character. A State that designates those who finance settlement violence while permitting its own market to sustain the settlements economically has not, in our respectful view, discharged the obligations set out by the ICJ and the General Assembly. As noted above, the wider approach adopted by the UK Government towards Russian sanctions in relation to Ukraine is entirely appropriate and necessary with regard to its regime of sanctions against Israel in relation to Palestine.
We ask the UK Government to act in accordance with its international legal obligations, and with its stated commitment to upholding the rule of law, by taking, without delay, the following measures:
As legal professionals, we are bound to advise without regard to whether our advice is welcome. The UK cannot maintain that the occupation is unlawful, sanction those who build and finance the settlements, and at the same time sustain them through its own market and its own procurement. We ask the UK Government to close that gap, and to do so because the law requires it. The Foreign Secretary has undertaken to establish a comprehensive sanctions regime. If it is to have any bearing on E1, it must be in force before the tender closes on 19 October.
Yours faithfully,
The views and opinions expressed in this letter are those of the signatories and are not intended to reflect the official policy or position of their employers, or the organisations of which they are members or otherwise represent.
[1] Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, Advisory Opinion, 19 July 2024, ICJ Reports 2024 paras. 223-229
[2] Human Rights Watch, ‘West Bank: Illegal E1 Settlement Tender Opens for Bids’ (19 August 2026) <https://www.hrw.org/news/2026/08/19/west-bank-illegal-e1-settlement-tender-opens-for-bids>
[3] Reuters, ‘UK says Israel’s new E1 settlement plan is flagrantly illegal and “must be stopped now”’ (14 August 2025) \<<https://www.timesofisrael.com/liveblog_entry/uk-says-israels-new-e1-settlement-plan-must-be-stopped-now> ; Foreign, Commonwealth & Development Office, ‘UK sanctions extremist settlers in the West Bank’ (12 February 2024) \<https://www.gov.uk/government/news/uk-sanctions-extremist-settlers-in-the-west-bank>
[4] HC Deb 1 September 2026, vol 790, question 17 (Ed Miliband, Oral Answers to Questions) \<https://hansard.parliament.uk/Commons/2026-09-01/debates/62E9FCCF-D03A-4AA3-A15C-46BB0E3497A5/OralAnswersToQuestions>
[5] UN Office for the Coordination of Humanitarian Affairs (OCHA), West Bank: Key Figures (Infographic, 8 June 2026) \<https://www.ochaopt.org/sites/default/files/West%20Bank_info-graphic_8_June_2026.pdf>
[6] Human Rights Watch, ‘West Bank: Israel-Backed Settler Violence Drives Displacement’ (20 August 2026) \<https://www.hrw.org/news/2026/08/20/west-bank-israel-backed-settler-violence-drives-displacement>
[7] Ramiz Alakbarov, ‘“The West Bank is at the breaking point” – Briefing to the Security Council by UN Deputy Special Coordinator for the Middle East Peace Process’ (11 August 2026) https://www.un.org/unispal/document/the-west-bank-is-at-the-breaking-point-briefing-unsco-11aug2026/
[8] Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, 12 August 1949, Article 49(6).
[9]See Ralph Wilde, Illegality of Israel’s presence in the Palestinian Gaza Strip and West Bank, including East Jerusalem, in the light of the 2024 Occupied Palestinian Territory Advisory Opinion of the International Court of Justice, and consequences for third States and the European Union, Expert Legal Opinion for Al Haq Europe, 1 December 2024, at https://alhaqeurope.org/wp-content/uploads/2025/09/Wilde-Palestine-AO-OPT-Al-Haq-Europe-Opinion.pdf
[10] UN General Assembly Resolution, Advisory opinion of the International Court of Justice on the legal consequences arising from Israel's policies and practices in the Occupied Palestinian Territory, including East Jerusalem, and from the illegality of Israel's continued presence in the Occupied Palestinian Territory, A/RES/ES-10/24, (19 September 2024) operative paragraph 4
[11] United Nations, Arms Trade Treaty (opened for signature 3 June 2013, entered into force 24 December 2014) UNTS, Ch XXVI‑8 \<https://treaties.un.org/doc/Treaties/2013/04/20130410%2012-01%20PM/Ch_XXVI_08.pdf>
[12] Foreign, Commonwealth & Development Office, ‘UK sanctions extremist settlers in the West Bank’ (12 February 2024) https://www.gov.uk/government/news/uk-sanctions-extremist-settlers-in-the-west-bank; https://search-uk-sanctions-list.service.gov.uk/designations/GHR0113/Individual; https://search-uk-sanctions-list.service.gov.uk/designations/GHR0116/Individual; https://search-uk-sanctions-list.service.gov.uk/designations/GHR0112/Individual; https://search-uk-sanctions-list.service.gov.uk/designations/GHR0115/Individual
[13] Foreign, Commonwealth & Development Office and David Lammy, ‘New UK sanctions target illegal outposts and organisations supporting extremist Israeli settlers in the West Bank’ (Press Release, 15 October 2024) \<https://www.gov.uk/government/news/new-uk-sanctions-target-illegal-outposts-and-organisations-supporting-extremist-israeli-settlers-in-the-west-bank>
[14] Foreign, Commonwealth & Development Office, Hamish Falconer MP and David Lammy MP, ‘UK sanctions hit West Bank violence network’ (Press Release, 20 May 2025) \<https://www.gov.uk/government/news/uk-sanctions-hit-west-bank-violence-network>
[15] Foreign, Commonwealth & Development Office and David Lammy MP, ‘UK and partners unite to sanction ministers inciting West Bank violence’ (10 June 2025) https://www.gov.uk/government/news/uk-and-partners-unite-to-sanction-ministers-inciting-west-bank-violence; https://search-uk-sanctions-list.service.gov.uk/designations/GHR0164/Individual; https://search-uk-sanctions-list.service.gov.uk/designations/GHR0163/Individual
[16] Foreign, Commonwealth & Development Office, ‘UK and allies sanction networks enabling settler violence in the West Bank’ (9 June 2026) <https://www.gov.uk/government/news/uk-and-allies-sanction-networks-enabling-settler-violence-in-the-west-bank>.
[17] Ibid; Foreign, Commonwealth & Development Office, Overseas Business Risk: Israel (Guidance, updated 9 June 2026) section 2.1 ‘Settlements’ \<https://www.gov.uk/government/publications/overseas-business-risk-for-israel/overseas-business-risk-israel--3>
[18] Joshua Carroll, ‘Burnham’s Government Has Approved 10 Military Flights to Israel in 6 Weeks’ (3 September 2026) \<https://novaramedia.com/2026/09/03/burnhams-government-has-approved-10-military-flights-to-israel-in-6-weeks/>
[19] Caolán Magee, ‘UK has billions in contracts with firms tied to illegal Israeli settlements’ (28 August 2026)
\<https://www.aljazeera.com/news/2026/8/28/uk-has-billions-in-contracts-with-firms-tied-to-illegal-israeli-settlements>
[20] Haroon Siddique, ‘Charity Commission to investigate donations to illegal Israeli settlements’ (5 August 2026) \<https://www.theguardian.com/society/2026/aug/05/charity-commission-investigate-donations-israeli-settlements-palestine>; Al Jazeera Media Network, ‘Al Jazeera Investigation – Complicit: How the West is Helping Israel Seize the West Bank’ (27 July 2026) \<https://network.aljazeera.net/en/press-releases/al-jazeera-investigation-%E2%80%93-complicit-how-west-helping-israel-seize-west-bank>
[21] Charity Commission, ‘Charity regulator opens inquiry into charities working in illegal Israeli settlements’ (Press Release, 5 August 2026) \<https://www.gov.uk/government/news/charity-regulator-opens-inquiry-into-charities-working-in-illegal-israeli-settlements>
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