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Update of the case Al-Haq vs. UK Government - Hearing on preliminary motions - Decision expected in two months
Ref.: 28.2009E
20، Jul 2009

Al-Haq is pleased to announce that on 18 and 19 June 2009, the UK Divisional Court in London was presented with the preliminary motions of the case brought by Al-Haq, in cooperation with solicitor Phil Shiner

of Public Interest Lawyers (PIL), challenging the UK government over its failure to fulfil its obligations under international law with respect to Israel’s activities in the Occupied Palestinian Territory.

The Divisional Court heard the arguments of both the Defendants and the Claimants on the preliminary issues of legal standing of Al-Haq before UK courts and of the justiciability of the case. The UK Government has argued that the courts should not rule on matters of foreign policy. The Claimants asked the Court to reject this argument as outdated and accept that Al-Haq, as directly affected by Israel‘s violations, is seeking adjudication on the legality of the UK Government’s response to Israel’s actions under customary international law, not the political wisdom of the UK Government’s foreign policy. The executive is not immune to legal challenges, especially when violations of the UK’s obligations under international law have been committed.

The failure of the UK Government to comply with its international law obligations has facilitated the State of Israel’s unabated violations in the Occupied Palestinian Territory. The argument for Third-state responsibility through judicial review is crucial in affecting the lack of political will to hold Israel accountable for its actions. An end to the occupation requires that the State of Israel respect the rule of law and halt all policies denying the Palestinian people their inalienable right to self-determination.

Al-Haq would like to thank those who attended the hearing and gave their support. A decision is expected in two months. Please do not hesitate to contact us at [email protected] if you have any questions or comments.

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