Palestine: Call on Local Government Pension Schemes to Divest from Companies Involved in Violations of International Law
The Palestine Solidarity Campaign (‘PSC’) and Deighton Peirce Glynn have written to the Secretary of State for Housing, Communities and Local Government and Local Government Pension Scheme (‘LGPS’) administering authorities requesting them to take action to divest public money from companies involved in the commission of serious violations of international law by Israel in the Occupied Palestinian Territory (‘OPT’).
Max du Plessis S.C., Tatyana Eatwell and Joshua Jackson, with the assistance of Deighton Pierce Glynn, have prepared a legal position paper for PSC setting out the legal consequences under international and domestic law for investments under the LGPS in companies aiding or assisting in Israel’s violations of international law in the OPT, including those found by the International Court of Justice in its 2024 Advisory Opinion. The position paper was sent to the Secretary of State and the LGPS administering authorities alongside the abovementioned requests for divestment.
The position paper contains a comprehensive analysis of: violations of international law in the OPT by Israel; the UK’s duties under international law to prevent genocide and other serious violations of international law and not to aid or assist in such violations; the application of those duties to LGPS investment in companies aiding or assisting in Israel’s violations; and the related duties of the LGPS administering authorities and the Secretary of State under domestic law.
The position paper concludes that Israel is committing violations of the most fundamental principles of international law. As a consequence, international law requires third States, such as the UK, to refrain from assisting and take all reasonably available measures to bring Israel’s violations to an end. Those duties apply to public sector pension funds and give rise to duties under domestic law. Accordingly, LGPS administering authorities and the Secretary of State will be at significant legal risk if they continue to invest or permit investment in companies aiding or assisting in Israel’s violations of international law in the OPT.
The LGPS Advisory Board has made a statement in response, recognising the seriousness of the humanitarian disaster in Gaza, accepting the need to seek advice, asking the Secretary of State to make a statement on the issues raised, and stating that pension funds may wish to review their investment policies in relation to human rights abuses.
This initiative takes place against the backdrop of an ever-worsening humanitarian situation in Gaza, and increasing calls for the international community and the UK to take urgent action in accordance with their obligations under international law.
Max du Plessis S.C., Tatyana Eatwell and Joshua Jackson are instructed by Zubier Yazdani and Mark Hylands of Deighton Peirce Glynn.
A summary of the campaign and the position paper can be found on PSC’s website.
