Question to the Attorney General:

To ask His Majesty's Government whether the Attorney General has recused himself from providing legal advice on the International Court of Justice's arrest warrant for Benjamin Netanyahu; and what declarations of interest, if any, have been made by the Attorney General about past representations about Israel.

The Law Officers’ Convention applies to advice which may or may not have been given by, or requested of, the Law Officers. It can be found at paragraph 21.27 of Erskine May:

“By long-standing convention, observed by successive Governments, the fact of, and substance of advice from, the law officers of the Crown is not disclosed outside government. This convention is referred to in paragraph [5.14] of the Ministerial Code [updated on 6 November 2024]. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence.”

Indicating whether or not the Law Officers have recused themselves from a particular matter would itself breach the Law Officers’ Convention.

However, the Attorney General’s Office has a rigorous process for identifying and dealing with conflicts and potential conflicts that arise from Law Officers’ former practice. As part of that process, the AGO adopts a cautious and beyond reproach threshold to any conflicts or potential conflicts. These arrangements are long-standing and part of a standard practice that has applied across successive Administrations.