Banning Israelis from MoD college ‘could breach Equality Act’, says former attorney general

He said: "This decision is legally flawed, harmful to UK strategic interests and deeply unethical, as well as being discriminatory. The government could be taken to court. Banning people from things on the basis of their nationality breaches the Equality Act 2010.”

The Equality Act states: “You must not discriminate against someone because of their race”, adding that “race” includes “nationality”. 

Race is defined as one of the protected characteristics under the act. 

Ellis went on to say: "This ban could also be subject to a judicial review because it is irrational and inconsistent with the UK allowing military personnel from autocracies and dictatorships to participate, but not Israel.

"How can the government defend allowing soldiers from those countries whilst banning a democratic ally?"

The college says it welcomes applicants from ally countries, and the Telegraph has reported that it has accepted students from countries such as Saudi Arabia, Egypt and China, with Chinese officers having attended the college as recently as 2021.

The JC contacted the MoD to find out what nationalities were currently studying at the college but was refused the information on security grounds.

Twenty Conservative MPs and peers have expressed concern over the ban while former-Home Secretary Suella Braverman has written to Defence Secretary John Healey.

She wrote: "[The ban] risks undermining some long-established principles and relationships which are of strategic importance to the United Kingdom...

"The move may set a precedent that other countries might follow, similarly restricting defence or academic exchanges based on political disagreements.

"We are concerned this decision could have unintended consequences for our strategic alliance with Israel and may not fully align with the UK's broader defence objectives."

The JC contacted Healey for comment but received no response.

Addressing the claim that the ban could breach the Equality Act, the MoD has said: "The provision of training is based on the country the training is being provided to, not the nationality of the student."

It told the JC: “UK military educational courses have long been open to personnel from a wide range of countries, with all UK military courses emphasising compliance with international humanitarian law.

“However, the Israeli government's decision to further escalate its military operation in Gaza is wrong. There must be a diplomatic solution to end this war now, with an immediate ceasefire, the return of the hostages and a surge in humanitarian aid to the people of Gaza.

“The UK government has therefore taken the decision to pause future Israeli participation in UK-run courses.”