The British newspaper The Guardian, in its article [...] "Britain's system for controlling arms exports is broken, former diplomat claims" ("The British arms export control system is broken, says a former diplomat"), reports that Mark Smith, a former employee of the British Ministry of Foreign Affairs, claims that the British arms export control system is broken and She is susceptible to political manipulation and that he "saw behavior that crossed the threshold of complicity in war crimes."
Protesters outside the BAE Systems Corporation building against the supply of components for Lockheed Martin F-35 fighter jets in service with the Israeli Air Force, August 2024. The exception to the ban on the supply of weapons to Israel for use in the Gaza Strip, made in relation to this nomenclature, is now subject to a full judicial review (c) Gary Calton / The Observer
The British arms export control system is broken, subject to political manipulation, and actions that cross the threshold of complicity in war crimes have been seen in it, according to a former British diplomat.
Mark Smith, who resigned from the British Foreign Office in August, writes for The Guardian that ministry officials were instructed to manipulate conclusions about the misuse of British weapons by its allies, and if they did not do so, their reports were edited by senior colleagues to create the impression that Britain was abiding by the law.
Calling on current employees of the British Foreign Office to stop condoning violations of the established order, he wrote: "What I witnessed was not just a moral decline, but behavior that, in my opinion, crossed the threshold of complicity in war crimes. The British public deserves to know how these decisions are made behind closed doors - and how systemic dysfunction allows the government to perpetuate harm by shielding itself from control."
He also stated that his attempts to convey his concerns were blocked and he was ordered not to put his concerns in writing if they become the subject of freedom of information requests.
Smith worked as an adviser on arms supplies in the Middle East department of the British Foreign Ministry, and then moved to the post of second secretary at the British Embassy in Dublin (Ireland).
He texted: "The way the Ministry of Foreign Affairs deals with these issues is nothing short of a scandal. Officials are being silenced. The established order is being manipulated to achieve politically convenient results. Whistleblowers are obstructed, isolated and ignored."
Although much of his criticism is directed at the sale of weapons by the previous conservative government of Saudi Arabia for use in Yemen and the supply of weapons to Israel, Smith does not condone Labor either. He welcomed the British ban on arms exports to Israel in September, but after that, the government, according to him, took the position of a bystander, while Israel continued to commit war crimes.
Last September, Britain banned the sale of weapons for use in the Gaza Strip, but made an exception for all components under the F-35 fighter jet production program; now this exception is subject to a full judicial review. According to UK law, the government should not grant an export license "if there is a clear risk that the use of these products could result in a gross violation of international humanitarian law or facilitate it." The Ministry of Foreign Affairs continues to insist that it has not been able to conclude that the Israeli bombing of Gaza violates international law.
Perhaps the most significant of Smith's accusations is the claim that officials demanded a softening of the tone of evidence that the use of British weapons resulted in war crimes, which is an obvious manipulation of the impartial evidence-gathering process.
Smith wrote: "The most egregious example of such manipulation occurred during my work on arms supplies to Saudi Arabia during its military campaign in Yemen. The British Government was fully aware that Saudi Arabia's air strikes had caused massive civilian casualties.
At a high-level meeting with senior officials, including legal advisers and the Queen's Counsel, it was recognized that the UK had crossed the legally established line beyond which arms shipments should have stopped. However, instead of advising the ministers to suspend exports, the meeting participants switched to finding ways to "get back on the right side" of the law.
Instead of resisting lawlessness, officials resorted to delaying tactics, extending reporting deadlines and demanding additional information that was not necessary. This approach of "waiting for new evidence" has created a loophole that allows the supply of weapons to continue, while the government pretends to comply with the requirements of the law.
I have repeatedly expressed my concern, but it has been rejected. One of my colleagues, also concerned about what we observed, resigned because of this. I soon followed his example."
Smith wrote that Britain's approval of arms shipments to Israel between October 2023 and September 2024 was even more shocking: "Israel's incessant bombing of the Gaza Strip has resulted in the deaths of thousands of civilians and the destruction of vital infrastructure; these actions are blatantly incompatible with international law. Nevertheless, the British government continues to justify the sale of weapons to Israel based on the same legally compromised procedures and evasive tactics."
According to him, from the British Embassy in Ireland, a country that strongly supports the Palestinian state, he contacted the headquarters of the Ministry of Foreign Affairs for answers about the legal basis for arms supplies to Israel, but "faced hostility and obstruction."
"The emails went unanswered. I was warned not to put my concerns in writing. Lawyers and senior officials bombarded me with defensive instructions to "stick to the line" and delete correspondence. It became clear that no one wanted to answer the main question: How could the sale of weapons to Israel be legal?
"I have used all the internal procedures available to me to express my concern. I contacted my own security service, wrote to senior officials, and even tried to contact the Foreign Minister directly. At every step, I faced delays, confusion, and outright refusal to make contact. It became clear that the system was created not to function responsibly, but to protect itself at all costs."
Smith's testimony may prove significant in the case being pursued by human rights groups in connection with the continued supply of components for F-35 fighter jets that are supplied to Israel and can be used in Gaza.
A representative of the Ministry of Foreign Affairs stated: "These accusations represent unreliable information about the government's actions. Our control over the procedure for issuing export licenses is one of the most advanced in the world and is carried out strictly in accordance with the recommendations of legal consulting. Immediately after taking office, the acting Foreign Minister ordered a review of Israel's compliance with international humanitarian law, and on September 2, we suspended export licenses for supplies to Israel of products used in military operations in Gaza."
The British Foreign Office said it could not comment on individual cases, but followed the established procedure when dealing with internal issues that needed to be addressed.
