Occupied Territories: International Courts

(asked on 28th November 2023) - View Source

Question to the Foreign, Commonwealth & Development Office:

To ask the Minister of State, Foreign, Commonwealth and Development Office, what criteria he applies when deciding whether to file an amicus brief to international court proceedings; what amicus briefs the Government has submitted to international courts in the last 12 months; and what recent discussions he has had with international counterparts on the policies of the Israeli Government in relation to the Occupied Palestinian Territories.


Answered by
David Rutley Portrait
David Rutley
Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office)
This question was answered on 4th December 2023

The process and rules around filing a submission or making some other form of intervention will depend upon the particular statute or rules of procedure of the international court in question. There will be many factors which determine whether HMG decides to become a party to a case, make submissions or intervene in some other manner. These will include both legal and policy considerations, including UK views on any relevant international law issues and wider diplomatic considerations, amongst others. Looking specifically at UK involvement at the International Court of Justice (ICJ) in the last twelve months, the UK: intervened in the Ukraine v Russia (Genocide Convention) and the Gambia v Myanmar (Genocide Convention) cases; submitted a statement to the Court in the Legal Consequences (Occupied Palestinian Territories) Advisory Opinion; and is a joint party, alongside several other states, in the Montreal Convention (PS 752) case against Iran. The UK also intervened in the request to the International Tribunal on the Law of the Sea (ITLOS) for an advisory opinion on climate change-related obligations under the UN Convention on the Law of the Sea.

FCDO Ministers frequently discuss a wide range of issues with their international counterparts. We cannot provide specific detail on those discussions.

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