Councils Face Legal Challenges for Continuing to Invest in Firms Accused of 'Aiding Genocide' in Gaza
Support our mission to provide fearless stories about and outside the media system
Packed with exclusive investigations, analysis, and features
SUBSCRIBE TODAY
Councils are at legal risk if they continue to invest in companies 'facilitating Israel's crimes against the Palestinian people', according to a new legal opinion from lawyers from the Doughty Street Chambers on behalf of the Palestine Solidarity Campaign (PSC).
PSC has now written to Secretary of State Angela Rayner arguing that she too is under a legal obligation to issue guidance to prevent all local Government pension funds investing in companies 'enabling Israel's crimes'.
The campaign group has asked for a response from councils within 21 days to outline how they will abide by their legal obligation.
The position paper, first seen by Byline Times, states: "In the face of the almost incalculable devastation caused by Israel's military assault on Palestinians in the Gaza Strip, it is a moral and legal imperative that all levels of Government take action to bring Israel's violations of international law to an end.
"One lever the UK has to effect change is by divesting from companies which are aiding or assisting in Israel's violations of the most fundamental norms of international law."
Don't miss a story
SIGN UP TO EMAIL UPDATES
It continues: "The UK has a number of 'prevention and non-assistance duties' [under in international law]: The UK must not recognise, explicitly or implicitly, situations created by Israel's serious breaches of peremptory norms [fundamental international law principles. The UK must refrain from rendering aid or assistance to maintaining situations created by Israel's serious breaches of peremptory norms.
"[And] the UK is required to cooperate with other States, and take all reasonably available measures to bring to an end any violations of peremptory norms by Israel, ensure respect of the Geneva Conventions, and prevent genocide."
The legal opinion written by leading lawyers today sets out the duties local and central Government have to prevent and end assistance to Israel's violations of international law, and how those duties apply to investments under the Local Government Pension Scheme (LGPS). Ministers and local Government pension bodies must take action to counter the risk of aiding war crimes and crimes against humanity, according to the legal counsel.
They add: "Administering authorities and the Secretary of State will be at significant legal risk if they continue to invest or permit investment in Involved Companies," referring to firms allegedly abetting genocide and other crimes in Gaza and the West Bank.
The legal opinion continues: "Administering authorities must take a prudent approach in considering, making inquiries and exercising due diligence to determine whether investments in [war crime-] Involved Companies under the LGPS are contributing to violations of international law in the Occupied Palestinian Territories."
In the past year, 17 local councils have called for, or committed to, divestment from companies believed to be 'complicit in Israel's crimes', according to PSC. More are expected to follow in light of this new legal opinion.
EXCLUSIVE
UK Gaza Families Urge Starmer to Hold Israel Accountable for Press Killings
A group representing 350 Palestinian families living in Britain have called on the PM to condemn Israel's 'systematic assault on the press' and back an inquiry
Matt Gallagher
It comes as PSC launches a new front in its campaigning by issuing legal notices to all councils in England and Wales that administer a LGPS fund, arguing they are under an obligation to take steps to divest from companies alleged to be enabling Israel's war.
PSC's research released earlier this year has found that LGPS funds have invested £12.2billion in companies which further Israel's violations of international law.
That includes substantial investments in companies which are involved in the supply of technology, surveillance equ...
Packed with exclusive investigations, analysis, and features
SUBSCRIBE TODAY
Councils are at legal risk if they continue to invest in companies 'facilitating Israel's crimes against the Palestinian people', according to a new legal opinion from lawyers from the Doughty Street Chambers on behalf of the Palestine Solidarity Campaign (PSC).
PSC has now written to Secretary of State Angela Rayner arguing that she too is under a legal obligation to issue guidance to prevent all local Government pension funds investing in companies 'enabling Israel's crimes'.
The campaign group has asked for a response from councils within 21 days to outline how they will abide by their legal obligation.
The position paper, first seen by Byline Times, states: "In the face of the almost incalculable devastation caused by Israel's military assault on Palestinians in the Gaza Strip, it is a moral and legal imperative that all levels of Government take action to bring Israel's violations of international law to an end.
"One lever the UK has to effect change is by divesting from companies which are aiding or assisting in Israel's violations of the most fundamental norms of international law."
Don't miss a story
SIGN UP TO EMAIL UPDATES
It continues: "The UK has a number of 'prevention and non-assistance duties' [under in international law]: The UK must not recognise, explicitly or implicitly, situations created by Israel's serious breaches of peremptory norms [fundamental international law principles. The UK must refrain from rendering aid or assistance to maintaining situations created by Israel's serious breaches of peremptory norms.
"[And] the UK is required to cooperate with other States, and take all reasonably available measures to bring to an end any violations of peremptory norms by Israel, ensure respect of the Geneva Conventions, and prevent genocide."
The legal opinion written by leading lawyers today sets out the duties local and central Government have to prevent and end assistance to Israel's violations of international law, and how those duties apply to investments under the Local Government Pension Scheme (LGPS). Ministers and local Government pension bodies must take action to counter the risk of aiding war crimes and crimes against humanity, according to the legal counsel.
They add: "Administering authorities and the Secretary of State will be at significant legal risk if they continue to invest or permit investment in Involved Companies," referring to firms allegedly abetting genocide and other crimes in Gaza and the West Bank.
The legal opinion continues: "Administering authorities must take a prudent approach in considering, making inquiries and exercising due diligence to determine whether investments in [war crime-] Involved Companies under the LGPS are contributing to violations of international law in the Occupied Palestinian Territories."
In the past year, 17 local councils have called for, or committed to, divestment from companies believed to be 'complicit in Israel's crimes', according to PSC. More are expected to follow in light of this new legal opinion.
EXCLUSIVE
UK Gaza Families Urge Starmer to Hold Israel Accountable for Press Killings
A group representing 350 Palestinian families living in Britain have called on the PM to condemn Israel's 'systematic assault on the press' and back an inquiry
Matt Gallagher
It comes as PSC launches a new front in its campaigning by issuing legal notices to all councils in England and Wales that administer a LGPS fund, arguing they are under an obligation to take steps to divest from companies alleged to be enabling Israel's war.
PSC's research released earlier this year has found that LGPS funds have invested £12.2billion in companies which further Israel's violations of international law.
That includes substantial investments in companies which are involved in the supply of technology, surveillance equ...
Activity