Mark Smith, a former diplomat and policy adviser at the UK Foreign, Commonwealth and Development Office (FCDO), has revealed how the British government manipulates legal frameworks to justify arms sales to regimes accused of committing war crimes. Writing in The Guardian, Smith details how ministers and senior officials distort legal assessments, obscure evidence, and suppress internal dissent to maintain lucrative arms deals with Israel and Saudi Arabia, despite overwhelming evidence of their involvement in atrocities. As he states, “What I witnessed was not just moral failure but conduct that I believe crossed the threshold into complicity with war crimes.”
Smith, who resigned in August 2024 over the UK’s refusal to halt arms sales to Israel amid its bombardment of Gaza, describes previous Conservative governments intent on protecting arms exports at any cost. He recounts how his reports, detailing credible evidence of war crimes, were repeatedly edited or dismissed under ministerial pressure.
In one instance, a senior official advised him to make a report on Saudi war crimes “look less stark,” exemplifying the political interference in supposedly impartial legal assessments.
The UK’s legal framework dictates that arms sales must cease if there is a “clear risk” that exported weapons could be used in serious violations of international law. However, Smith’s account demonstrates how ministers and civil servants conspired to sidestep these restrictions. In meetings concerning Saudi Arabia’s devastating air campaign in Yemen, senior officials acknowledged that the threshold for halting arms sales had been met, but instead of taking action, they sought ways to circumvent legal obstacles.
The UK’s Role in Arming Israel
The UK’s complicity in Israel’s ongoing military campaign in Gaza is particularly egregious. Smith details how the FCDO’s internal assessments consistently downplayed the impact of British-supplied arms components in Israeli strikes on civilian areas. Despite mounting evidence of mass civilian casualties and widespread destruction, ministers continued to approve export licences.
Israel’s military campaign, which has seen thousands of civilians killed and critical infrastructure destroyed, should have triggered an immediate suspension of UK arms exports under international law. Yet, both the Conservative government (under which Smith served) and the current Labour government remained and remain steadfast in its support.
Smith attempted to raise his concerns internally but was met with resistance and stonewalling. His emails went unanswered, officials refused to engage, and he was explicitly told to delete correspondence discussing the legal basis for arms sales to Israel.
Manipulation, Obfuscation, and Impunity
Smith’s revelations highlight a culture of impunity within the British government, where transparency and accountability are actively undermined. The suppression of evidence, the manipulation of legal assessments, and the intimidation of dissenting civil servants have, according to Smith, enabled the UK to continue arming regimes accused of war crimes without public scrutiny.
As Smith wrote: “I was often summoned for verbal instructions – a tactic deliberately employed to avoid creating a written record that could be subject to freedom of information requests or legal scrutiny.”
The subsequent UK government’s refusal to disclose details of its arms exports to Israel – citing exemptions under the Freedom of Information Act – further demonstrates its commitment to secrecy.
Smith also said that this stone-walling did not just apply to Israel. In regard to arms sales to Saudi – accused of war crimes in regard to the bombing of civilian populations in Yemen – he wrote: “Rather than confronting the illegality, officials resorted to delaying tactics – extending reporting deadlines and demanding additional information that was unnecessary. This “wait for more evidence” approach created a loophole, allowing arms sales to continue while the government feigned compliance. I raised my concerns repeatedly, only to be overruled. “
Reports by AOAV have highlighted that British manufacturers, such as BAE Systems, supply crucial components for F-35 fighter jets used by Israel in Gaza. The government’s claims of “very minor” arms exports are contradicted by these revelations, as UK-made components play a significant role in Israel’s military operations.
Calls for Accountability and Reform
Smith’s call to action is clear: the UK must end its complicity in war crimes and introduce genuine oversight of its arms export policies. He urges his former colleagues at the FCDO to resist pressure to whitewash government actions and to uphold their duty to impartiality and legality.
As Smith warns, “The UK’s complicity in war crimes cannot continue. We must demand transparency and accountability in our arms export policies. Ministers must be held to the same legal and ethical standards that they claim to uphold.”
The UK’s continued arms sales to Israel and Saudi Arabia, despite overwhelming evidence of human rights violations, demand urgent scrutiny. As Smith states, “The time for silence is over.” If the government is to maintain its credibility, it must immediately suspend arms sales to regimes accused of war crimes, strengthen legal safeguards against political interference, and ensure greater transparency in its arms export policies.
The British public deserves to know the truth about how their government enables war crimes. It is now up to civil society, the media, and legal experts to hold ministers accountable for their complicity in global atrocities.
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