The statutory instrument adds three new grounds to the existing 2020 sanctions regime: serious violations of international humanitarian law, obstruction of humanitarian assistance, and serious violations of the right to liberty and security of person. Unlawful settlement activity in the occupied West Bank will be captured through a breach of international humanitarian law, including the Geneva convention on occupation.
The new powers extend beyond direct perpetrators to those who facilitate, incite, promote, or support qualifying conduct, as well as entities that provide finance, goods, or technology, conceal evidence, or benefit from wrongdoing. Banks and commercial entities could also face designation, as the threshold requires only reasonable grounds to suspect involvement.
Israeli authorities closed the UK consulate in protest last week, forcing the withdrawal of 21 diplomats and a downgrade to mission status. The move did not deter the government from proceeding. Miliband is pushing through the measures at speed because Israel has vowed to press ahead with the E1 settlement comprising 1,234 homes in the West Bank. Many analysts say that development would sever the contiguity of a viable Palestinian state, making a two-state solution nearly impossible.
The tender for the E1 project closes on 19 October, but the Israel Land Authority has confirmed bids will not be opened or considered before 19 November, after the Israeli election on 27 October. The British Palestinian Project said the deferral "does not remove the need to deter commitments being made now, since bidders and their backers commit on 19 October, contracts could still be signed before a new Israeli government is formed."
The sanctions measures include asset freezes, prohibitions on making funds or economic resources available, travel bans, and director disqualifications. A new urgent procedure allows ministers to mirror designations already made by the EU, US, Canada, or Australia for up to 112 days while a separate UK case is prepared.