Former UK Attorney General Dominic Grieve has advised the British Foreign Office that Israel does not have the legal authority to shut the British consulate general in East Jerusalem.
Israel has announced plans to close the consulate on October 8, following the UK government’s decision to impose a sweeping ban on trade in goods originating from Israeli settlements.
The Israeli government also announced on Sunday that it would revoke the credentials of Dutch diplomats working with the Netherlands’ mission to Palestine, after the Netherlands introduced a ban on imports from Israeli settlements.
Grieve, who served as a Conservative MP from 1997 to 2019 and attorney general between 2010 and 2014, argued that Israel could not lawfully close the British consulate because it is located in East Jerusalem.
East Jerusalem is recognised by the United Nations and most of its member states, including the UK, as occupied Palestinian territory.
The issue was raised in the House of Lords by former British ambassador Lord Hannay, who questioned the Foreign Office over the legality of Israel’s planned action.
Responding, Foreign Office minister Lord Wood acknowledged that Hannay could have a valid point, adding that his colleague had greater knowledge of the subject. However, he expressed concern that Israel could nevertheless make the consulate effectively impossible to operate.
Grieve has urged the UK government to challenge Israel’s decision through the courts, arguing that Israel was attempting to exercise sovereign authority over East Jerusalem despite not possessing such rights as an occupying power.
Consulate’s Role In Palestinian Territories
The British mission in Jerusalem dates back to 1838, more than a century before Israel was established.
It operates separately from the British embassy in Tel Aviv, with the consul general reporting directly to the Foreign Office. The mission also has its own personnel and diplomatic responsibilities covering Jerusalem, the wider West Bank and Gaza.
In an advisory paper submitted to the Foreign Office through the British Palestine Project, Grieve argued that keeping the consulate in East Jerusalem was consistent with the UK’s position on the city’s unresolved status.
“Retaining a consulate general in East Jerusalem after recognition of the state of Palestine preserves the UK’s position that Jerusalem’s final status remains to be determined. It does not concede Israeli sovereignty.”
Grieve said Britain had an obligation to challenge Israel’s planned closure, noting that the UK government had formally accepted a July 2024 advisory opinion by the International Court of Justice stating that governments should recognise Israel’s presence in occupied Palestinian territory as unlawful.
He also argued that closing the consulate would have consequences beyond the UK-Israel diplomatic relationship, particularly for Palestinians who rely on the mission’s activities.
According to Grieve, the closure could affect humanitarian assistance, monitoring and reporting activities connected to the West Bank and Gaza.
He said: “Israel’s method in the city has been to create facts on the ground through unlawful settlement building and property seizure, and to press states to recognise those facts diplomatically. The closure should be challenged as a further attempt to exercise powers outwith those permitted to an occupier.”
Israeli Foreign Minister Gideon Sa’ar, in announcing the planned closure, asserted Israeli sovereignty over the entire city of Jerusalem. The UN Security Council, however, has expressly rejected the claim that Israel possesses sovereignty over East Jerusalem.
Dutch Diplomats Face Restrictions
The dispute has also extended to the Netherlands, after Sa’ar announced that Dutch diplomats working with the country’s mission to Palestine would have their credentials revoked.
The move effectively prevents the diplomats from operating in Israeli-controlled East Jerusalem and could result in the closure of their representative office in Ramallah.
The Netherlands introduced its restrictions on imports from Israeli settlements on September 22. Dutch customs authorities said the measures apply to companies and individual travellers and cover items acquired both before and after the rules came into effect, including gifts, souvenirs and personal purchases.
Because of Israel’s military control over the West Bank, East Jerusalem and Gaza, foreign diplomats operating in the Palestinian territories require Israeli accreditation.
Sa’ar said Dutch diplomats based in Ramallah could continue representing their country’s interests “from Palestinian Authority territory, rather than from the territory of the state of Israel”.
The Israeli Foreign Ministry did not immediately respond to questions about how the arrangement would work in practice.
Israel took a similar step against Norwegian diplomats in 2024 after Norway recognised Palestine. The action eventually led to the closure of Norway’s mission in the West Bank town of al-Ram.
“We consider the Netanyahu government’s decision to be extreme and unreasonable,” Norwegian Foreign Minister Espen Barth Eide said at the time.
Norway has since supported its diplomatic relations with Palestine through diplomats based in Jordan.
