Documents show government legal advice was that Israel may have breached international law

By ITV News Security Producer Dan Howells, Deputy Political Editor Anushka Asthana, Politics Producer Jack Abbey and Assistant News Editor Aisha Kherallah

Documents seen by ITV News reveal that government lawyers had already warned ministers of the possibility that Israel had breached international law before Monday's strike that killed seven people in an aid convoy.

Papers drawn up by the Department for Trade and Business reveal concerns were raised in December over Israel's failure to ensure access for aid - and the legality of that behaviour.

"It was now assessed that it was possible that Israel's actions in relation to some aspects of the provision of/access to humanitarian relief were a breach of IHL [International Humanitarian Law], but that it was unlikely that Israel had breached the prohibition on collective punishment or that the evacuation order was a breach of IHL," it said.

They also said that while Israel provided repeated assurances about acting legally, some of the "troubling" rhetoric from Benjamin Netanyahu's government did cast doubt on the interpretation and implementation of IHL.

In particular, officials cited "dehumanising comments", such as "'we are fighting against human animals' and Netanyahu's reference to the total destruction of Hamas".

They pointed out that Hamas were also responsible for running infrastructure in Gaza including hospitals.

"It is not possible to define clearly what may be political rhetoric for a domestic audience and what speaks to the conduct of the campaign," they wrote.

Officials also raised questions about November's siege of Gaza City, arguing that while there was no evidence that the military operations were intended to cause starvation, there was "insufficient information about the military objectives of the siege to determine whether or not it was a breach of IHL".

In an earlier assessment, officials also admitted that the paucity of information and the scale and intensity of the conflict meant the government's "current inability to come to a clear assessment on Israel's record of compliance with IHL poses significant policy risks"

Foreign Secretary David Cameron received the advice on December 8 and was asked to choose to make a recommendation from three options: not suspending or revoking arms licenses but keeping them under careful review; suspending any licenses that might be used by the IDF in this conflict; or suspending all licenses to the IDF. His advice to Business Secretary Kemi Badenoch was to go with the first option.

Sources stressed that a decision to ban licenses would only take place if there was a clear risk that equipment sold by the UK might be used in an action that itself breached the law.

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They added it was for future risk so action or assurances from Israel to limit risk would make a difference.

However, they also stressed that the completed legal advice was retrospective and does not yet cover anything that has happened this year - including at Al Shifa hospital and with this week's attacks - with claims that British-made equipment may have powered the drones.

Other insiders told ITV News the lawyers' advice was hardening within the foreign office, with pressure rising on Lord Cameron over his next recommendation to the business secretary.

Rishi Sunak was firm with Mr Netanyahu in a recent conversation, including warning him over access to aid.

However, it is still possible that assurances from Israel would prevent any action on arms sales even if it is judged that the law was broken - with one source also stressing that the level of sales remained low.

The government is also facing pressure from Israel's strongest supporters on the right, with the former PM Boris Johnson tonight writing in the Daily Mail to say it would be "insane" and "shameful" if Britain suspended arms sales.

The legal advice to ministers repeatedly stressed Israel's commitment and ability to act legally, and said they had received private assurances at every level - from PM to PM discussions, military to military and legal and legal.

The documents were drawn up as part of a legal case when the government faced a challenge from the Palestinian human rights organisations, Al-Haq, and the UK based Global Legal Action Network.

Gearoid O Cuinn - director at GLAN - which launched the legal challenge against the government said: "For almost six months now GLAN and Al Haq have been telling the UK government that Israel is committing mass atrocities in Gaza.

"In January, the government's own defence even raised concerns that Israel may be in violation of international law with respect to its failure to allow effective access to humanitarian aid.

"Still, the UK has not suspended arms exports to Israel. Since then, David Cameron himself has admitted that UK aid has been blocked.

"Now British aid workers have been killed. How many more aid workers - British or otherwise - need to die before the UK complies with its bare minimum obligations under domestic and international law?"

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