The British government has concluded that Israel’s actions in Gaza do not meet the legal threshold for genocide, according to a letter from the Foreign Office sent by Foreign Secretary David Lammy and seen by The Times.
The correspondence says that, "as per the Genocide Convention, the crime of genocide occurs only where there is specific 'intent to destroy, in whole or in part, a national, ethnic, racial or religious group'," and that "the government has not concluded that Israel is acting with that intent." The letter was sent to the House of Commons international development committee ahead of a planned cabinet reshuffle, the correspondence shows.
The letter marks the first time a UK government has explicitly stated it does not believe the events in Gaza amount to genocide. It follows earlier government statements that a formal determination of genocide is a matter for a competent court rather than a national government or non-judicial bodies. In May, the minister for the Middle East told MPs that any formal finding should be made by the courts.
The correspondence was issued in response to questions from Sarah Champion, chair of the international development committee, who had sought clarification about the UK’s role in supplying components for F-35 fighter jets that later reached Israel. The letter indicates the Foreign Office carried out multiple assessments on the question of genocide, including when ministers decided to exempt certain F-35 parts manufactured in Britain from a wider suspension of licences.
Last September the UK government temporarily suspended 30 out of about 350 arms export licences to Israel amid concerns that British-made weaponry might be used in breaches of international law. Parts for F-35 aircraft were exempted from that suspension on the grounds that the jets form part of a multinational NATO defence programme, the letter says.
The correspondence also addresses humanitarian concerns raised by senior ministers. The Justice Secretary described the scale of civilian suffering and destruction in Gaza as "utterly appalling" and said the UK must "do much more to prevent and alleviate the suffering that this conflict is causing," according to reporting of the exchange.
The Gaza conflict, now approaching its 23rd month, has produced heavy casualties and acute humanitarian need. Reporting referenced in the correspondence places the death toll at more than 63,000 people and notes that at least 332 Palestinians have reportedly died of malnutrition. The Foreign Office letter does not alter established legal processes under international law; it reflects the government's assessment of the specific legal definition of genocide under the Genocide Convention.
The question of whether acts constitute genocide hinges on proving specific intent to destroy a protected group in whole or in part — a standard that legal experts and courts have treated as high and narrowly defined. Domestic governments may make assessments for policy purposes, but international determinations of genocide have typically been made by judicial bodies or international tribunals after evidentiary hearings.
The Times reported seeing the letter; the Daily Mail reported on the correspondence and said it had approached David Lammy, the Foreign Office and 10 Downing Street for comment. The Foreign Office letter and subsequent media reporting are likely to intensify parliamentary scrutiny of UK arms exports, humanitarian assistance and diplomatic engagement in relation to the Gaza conflict.
Legal and human rights organisations have previously urged independent investigations into alleged violations of international humanitarian and human rights law. Campaigners and some opposition politicians have called for clearer, publicly transparent assessments and for any findings of wrongdoing to be pursued through appropriate judicial channels.
The Foreign Office correspondence and the government's position do not preclude further legal or judicial review. Determinations of criminal responsibility under international law — including genocide, war crimes and crimes against humanity — remain within the remit of competent courts and tribunals established to adjudicate such claims.