by Kit Klarenberg
Part 5 - ‘Moral Authority’
In June 2023, the ponderously titled Economic Activity of Public Bodies (Overseas Matters) Bill began making its way through British Parliament. Its purpose is to ban any public bodies conducting their investments and procurement “in a way that indicates political or moral disapproval of a foreign state.”
An accompanying press release made clear the legislation’s explicit purpose was protecting “businesses and organizations” affiliated with Israel. Michael Gove, the then-government minister who introduced the law, said of BDS efforts:
These campaigns not only undermine the UK’s foreign policy but lead to appalling antisemitic rhetoric and abuse. That is why we have taken this decisive action to stop these disruptive policies once and for all.
The array of organizations affected is gargantuan, ranging from local councils to universities, and the implications are grave in every way. Institutions can be investigated solely at the personal discretion of government officials and face voluminous fines for breaches. During the 1980s, when the British government refused to sanction or condemn South Africa, the very entities targeted by this legislation boycotted the Apartheid state. If the new law were in effect at the time, such activities would have been entirely illegal.
An accompanying press release made clear the legislation’s explicit purpose was protecting “businesses and organizations” affiliated with Israel. Michael Gove, the then-government minister who introduced the law, said of BDS efforts:
These campaigns not only undermine the UK’s foreign policy but lead to appalling antisemitic rhetoric and abuse. That is why we have taken this decisive action to stop these disruptive policies once and for all.
The array of organizations affected is gargantuan, ranging from local councils to universities, and the implications are grave in every way. Institutions can be investigated solely at the personal discretion of government officials and face voluminous fines for breaches. During the 1980s, when the British government refused to sanction or condemn South Africa, the very entities targeted by this legislation boycotted the Apartheid state. If the new law were in effect at the time, such activities would have been entirely illegal.
Exacerbating matters further, the anti-BDS Act violates multiple UN rulings and contradicts the British government’s own stated positions. London’s official stance for decades has been that Israeli settlements “are illegal under international law, constitute an obstacle to peace and threaten a two-state solution to the Israeli-Palestinian conflict.” As such, Britain’s private sector is actively discouraged by authorities from conducting business there. Yet, public bodies may now be legally prohibited from following this very precept.
Still, there remains one potential legal avenue of resistance. As MintPress News has previously reported, multiple legal findings and precedents indicate countries party to the Genocide Convention, as Britain is, must “employ all means reasonably available” to prevent genocide. What’s more, failing to stop providing aid or assistance to a state engaged in genocide could violate Article I of the Convention. This could provide legal protection from London’s new anti-BDS law. As activist Naila Kauser, herself a target of London’s latest measures, concludes:
Still, there remains one potential legal avenue of resistance. As MintPress News has previously reported, multiple legal findings and precedents indicate countries party to the Genocide Convention, as Britain is, must “employ all means reasonably available” to prevent genocide. What’s more, failing to stop providing aid or assistance to a state engaged in genocide could violate Article I of the Convention. This could provide legal protection from London’s new anti-BDS law. As activist Naila Kauser, herself a target of London’s latest measures, concludes:
Laws that defend genocide have no legitimacy, and states enforcing them and enabling the genocide have no moral authority. They want us to shut up, but we must continue to resist these attacks, as well as the ongoing genocide, in any way we can until Palestine is liberated.
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