Four hundred lawyers and paralegals have signed an open letter protesting about the failure of their professional bodies to condemn 'multiple breaches of international law' in the Israel-Hamas conflict, including Israel’s ‘massacre’ of Palestinian civilians. They contrast this with the ‘blanket coverage’ and condemnation of Russia’s illegal invasion of Ukraine.
The letter, the vast majority of whose signatories are solicitors, has been sent to the chief executives of the Law Society of England and Wales, the Bar Council and CILEX.
‘Nothing can justify the actions of Hamas on 7 October,’ the letter reads. ‘It is however extremely troubling that over the past few weeks, Israel has been carrying out a Goliathan war against the people of Gaza with impunity. Despite allegations of Israel having committed war crimes and strong condemnation from the UN of the years of occupation, Israel continues to target civilian areas as well as internationally recognised safe zones treating any notion of civilisation and law with outright contempt. Schools, hospitals and UN refuges have not been spared. The scene is of total destruction in Gaza.’
It adds: ‘Senior Israeli politicians have brazenly called for the annihilation of Palestinians as a people. Such genocidal rhetoric is abhorrent and must be called out…As legal professionals, believing in justice and the rule of law, we cannot remain spectators at this important time. We call on the Law Society, Bar Council and the Chartered Institute of Legal Executives as the representatives of our professions to speak out against the crimes committed in this recent escalation. Silence at this time is not an option, and will only be regarded as complicit by future generations.’
The letter notes that the International Bar Association and Law Society of Scotland have issued statements on the conflict.
In a statement, the Law Society of England and Wales said: ‘The events in the Middle East are a source of grave concern to the international community and we recognise the suffering and distress of people within the region and around the world which flows from these terrible events. We are aware of public statements issued by certain legal institutions with a specific international and human rights remit. Those statements highlight issues of international and humanitarian law that must be respected by all involved.
'Our more limited remit in situations of international conflict is through our Lawyers at Risk programmes. We support legal professionals worldwide who are hindered in carrying out their profession because of the cases they work on or the clients they represent, including through threats, intimidation, disciplinary measures, arbitrary arrest, detention and prosecution, disappearance and murder. In this way, the programme aims to raise awareness of the risks and challenges associated with being a lawyer and highlight the importance of an independent legal profession.
‘We have not to date formed the view that a public statement would support the aims of the Lawyers at Risk programme, but we will keep this under review.’
The Bar Council said it had responded to the letter via email as follows: 'The deeply disturbing events in the Middle East remind us all of the importance of a rules-based international order which constrains what forms of aggression are permissible, even in times of war. The Bar Council urges all those involved in the conflict to respect all their obligations under international law.’
CILEX also responded to the letter by email: 'We, together with our colleagues across the legal profession, are deeply disturbed by events in the Middle East, and emphasise the importance of a rules based international order which constrains what forms of aggression are permissible, even in times of war. CILEX urges all those involved in the conflict to respect all their obligations under international law. We do not believe the situation will be aided by us making further comment at this time.'
