Jewish groups say Birmingham City Council move to discuss 'divestment boycott' of Israel is illegal

Birmingham City Council is scheduled to debate a motion looking at options for engagement, exclusion, or divestment from Israel on Tuesday. The motion has drawn condemnation from UK-based Jewish groups who have warned that the motion raises legal and equality concerns.

The motion, proposed by Councillors Nosheen Khalid and Jamil Khan, references a July 2024 advisory opinion from the International Court of Justice (ICJ) concluding that Israel’s presence in the “Occupied Palestinian Territory” is unlawful.

It also cites findings from the UN Independent International Commission of Inquiry led by Navi Pillay, which alleged that Israel was committing genocide in Gaza in September 2025 and purposely targeting children in June 2026. Furthermore, the text notes that the UK Foreign Secretary recognized the occupation as illegal in September 2026 and announced plans to sanction businesses and persons involved in furthering illegal settlements.

Arguing that Birmingham City Council wields significant influence through its procurement, commissioning, banking, and treasury management, the proposal calls on the council to write to other local authorities on the West Midlands Pension Fund’s Pensions Committee to establish a time-limited, cross-authority task group to examine investment holdings, responsible investment policies, and options for engagement, exclusion, or divestment.

It also asks the council representative on the Pensions Committee to seek a transparent review of relevant investments, including those held through pooled vehicles and external asset managers. Additionally, the text proposes reviewing banking relationships to strengthen ethical, environmental, and social considerations.

Local leadership in Birmingham has already faced friction over Israel-related policies. In October 2026, local Labour MPs including Al Carns, Jess Phillips, and Preet Kaur Gill publicly urged Liberal Democrat council leader Roger Harmer to end his power-sharing agreement with the Green Party following a controversial policy motion passed at the national Green Party conference in September 2026 when a policy stating that Zionism is racism and calling for Israel to be replaced by a single Palestinian state was adopted.

Similar flashpoints occurred in November 2024 when public bodies tried to stop fans of the Israeli football club Maccabi Tel Aviv from attending a match against Aston Villa.

That decision drew widespread scrutiny and criticism from figures such as then-prime minister Keir Starmer after parliamentary inquiries in early 2025 revealed that the police risk assessment used to justify the ban relied on false intelligence – including a fabricated past match between Maccabi Tel Aviv and West Ham United generated in November 2024 by an AI tool, which was used to falsely portray the fans as a proven security threat.

Experts say Birmingham City Council cannot legally carry out the proposed motion

Legal experts and community organizations responded to the upcoming debate with immediate pushback. In a letter sent on Sunday, UK Lawyers for Israel (UKLFI) called for the motion to be withdrawn or deferred until councillors receive proper legal and equality advice, requesting that its communication be circulated to all councillors before the debate.

In the letter, UKLFI pointed out that section 17 of the Local Government Act 1988 restricts politically motivated procurement boycotts, while the Procurement Act 2023 prevents suppliers from being excluded simply because they conduct business in or with an occupied territory.

UKLFI also noted that the West Midlands Pension Fund must make investment decisions in the financial interests of its members rather than pursue political objectives, pointing out that government guidance prohibits the exclusion of investments in particular countries or companies.

A UKLFI spokesperson said, “Birmingham City Council cannot lawfully use public contracts, pension funds, and banking arrangements to pursue political campaigns.

“It is particularly disturbing that a motion which could increase hostility toward Jewish residents is being presented as having no equality implications. Councillors must put the law, the interests of pension fund members, and community relations ahead of performative political gestures.”

UK based antisemitism watchdog CAA called it 'morally reprehensible'

The Campaign Against Antisemitism (CAA) issued a statement condemning the move.

“After certain public bodies in Birmingham tried to prohibit supporters of Maccabi Tel Aviv football club from attending a match last year – in what many viewed as a ban on Jews in the city – now Birmingham City Council is exploring a possible boycott of Israel,” the CAA said.

The statement continued, “The text also approvingly notes sanctions announced by the foreign secretary in September, but doesn’t mention his statement that ‘I wholeheartedly oppose the Boycott, Divestment, and Sanctions (or BDS) campaign.’ There is also the matter of legality.

“Back in May 2025, then-communities minister Alex Norris reminded stakeholders that ‘the Cabinet Office has published guidance to public authorities prohibiting procurement boycotts against Israeli firms and firms which trade with Israel,’ and it is widely believed that this motion, if put into practice, could well be illegal.”

The CAA concluded, “It is certainly morally reprehensible. Our polling has found that 84% agree that boycotts of Israeli artists, academics, or businesses selling Israeli products constitute intimidation. At a time of the worst levels of antisemitism in living memory, Birmingham City councillors should be standing with the Jewish community, not pouring fuel on the fire.”

Councillors Khalid and Khan did not respond to an emailed request for comment by publication time.