Talking Heads
Barrister Adam Wagner KC and Mishcon de Reya partner Adam Rose have been the voice of British and British-linked hostages in Gaza, with Wagner recently awarded International Pro Bono Barrister of the Year at the Advocacy Awards. The two discuss the rollercoaster ride of this ‘very personal’ work.
How did you first become involved in representing those whose relatives were held hostage in Gaza? And what motivated you to take on this work pro-bono?
Adam Wagner KC [AW]: On the evening of October 19, 2023, Stella Creasy, MP for Walthamstow, called to ask whether I could assist, on a pro-bono basis, one of her constituents whose elderly parents had been taken hostage from Kibbutz Nir Oz on October 7. Stella had worked with some of my chamber colleagues on cases involving detention abroad. I said I’d see what I could do and had no hesitation in agreeing to act pro-bono. As the Talmud says: “To save one life is to save the entire world”.
Adam Rose [AR]: Adam emailed me and one of my partners, Katy Colton, early morning on October 20, 2023, to see if we knew anyone who might be able to help with some work he’d just been asked to undertake for the hostages. I replied immediately saying “yes”. The motivation was clear: these innocent people had been taken hostage by a terrorist organisation and, if there was anything we could do using our legal skills to help, we had to do so.
What have been the main legal and strategic advocacy efforts you’ve undertaken on behalf of these families and others linked to the hostages?
AW: The first challenge was engaging the British Government to work on our clients’ behalf. This was not straightforward as, though all the hostages we were working for had British relatives, only two were British themselves, and they were not initially our clients. So we tried two things at the same time: either get the government to grant British citizenship to the hostages with close British connections or take responsibility for them. After a lot of maneuvering and lobbying, we achieved the latter. Since then, it has been about working with and around the British government to do everything we can from the UK to assist in their release.
AR: The main effort has been to keep the key players in the UK involved – many have spoken about having the hostages “first and foremost” in their minds, and our campaigning work has been to try to make sure those thoughts are converted to actions. We held meetings in Downing Street with both Rishi Sunak and Keir Starmer with a view to ensuring they not only called for the immediate and unconditional release of the hostages, but they impressed on all the key parties involved to do likewise. We also made sure the FCDO provide weekly updates to the families – often, sadly, that is not enough, and we are required to advocate for more and better action.
What unique challenges did this case present compared to other pro-bono work you’ve done?
AR: We have been dealing with a group of vulnerable families, who until their family member is released don’t know if their family member is safe, or even still living. Getting the UK Government to agree to provide consular services for these families was the first key achievement – the UK does not provide consular support as of right [it’s a discretionary service] and, at first, the Foreign Office did not. Keeping the stories of the families and the hostages alive has been a challenge too. Adam and I have used social media to good effect. But we are lawyers, not PR experts, and have been supported in our media work by a few PR professionals (notably David Krikler and Daniel Levy).
AW: The range of clients has also been challenging. Each of the seven families we’ve represented has its own dynamic, vulnerabilities and trauma – and keeping the British-linked families together as a group (which we have always thought to be stronger than individual families advocating separately) has also required delicacy.
“The highlight was bringing one of the freed hostages, Eli Sharabi, to 10 Downing Street, a few weeks after he was released, to make good on the promise to the Prime Minister a few months earlier (and which, when made, seemed potentially fanciful) that next time we came, we would bring Eli with us.”
What has been the tangible impact of your work on the families you represent?
AR: I hope families have felt that, in me and Adam, they’ve experienced lawyers battling for them and their loved ones. Each will have gone through their own trauma and, indeed within each family, different people have reacted differently to their circumstances. We know from the messages we get they are appreciative of what we have sought to do. But until all the hostages are freed – including the remaining two (as of the time of writing) who are very closely connected to the UK – we continue to advocate every day for all to be brought home.
AW: The families have done a huge amount for themselves despite their extraordinarily difficult circumstances, but I also don’t believe their campaigning and longevity would have been possible without our support. Whether we’ve had influence on any single hostage being released, or being released earlier, we will never know but we have certainly tried everything in our power to do that.
How do you think your efforts may influence broader discussions on international hostage situations and legal interventions?
AR: We were invited to give evidence to the Foreign Affairs Select Committee in Parliament, to the Special Rapporteur on Torture, and to the All-Party Parliamentary Group on Unlawful Detention and Hostages (our advocacy included getting the APPG to include hostages within its remit). We have also advocated to the Foreign Office to make good on its pre-election promise to make consular services available as of right and for the appointment in the UK of a special emissary on hostages.
AW: We have done a lot in the public domain, on social media and in the national media. We wrote a joint op-ed in The Times about why 21st Century hostage taking needed to be taken more seriously by the UK. We have led press conferences with the families seen live on BBC and Sky News. Generally, we have been public advocates for the hostage cause, both in public and with parliamentarians (who we speak to regularly), which I think has influenced the broader discussions.
Given the international reach of this story, what key takeaways do you think global legal professionals should consider?
AW: To think expansively and creatively about what lawyers can achieve when faced with a complex, important problem. We have used all the tools we have available, and more, as well as our collective experience to try to secure the release of the hostages. It has required some real creative thinking which I think, as lawyers, we can do more of.
AR: It’s always important when you take on pro-bono work to take it seriously even though it’s not paid. If you’re going to take on something as emotional as this, where Adam and I felt and feel hugely invested in what we’re doing, you have to be prepared to put in the hours, to deal with the emotional toil, to provide real care for the clients you are representing – but all of that makes the work even more worthwhile.
“We have been towards the centre of an issue that is both important to world politics and a matter of life and death for the hostages. If I was faced with the choice to take the case on pro bono again – even knowing what it would entail (which I certainly didn’t in October 2023) – I would do it in a heartbeat.”
How do you see the role of law firms in engaging with high-profile, humanitarian legal cases such as this? And what advice would you give to those looking to enhance their pro bono initiatives, both for impact and for strategic positioning?
AR: You cannot look at this sort of work through the lens of “strategic positioning”. But it is high impact, and law firms and their lawyers do have skills they learn in their normal day jobs that they should be encouraged to use for good cause work – any lawyer who is given the opportunity to really try to make a difference should grab it. But always make sure you’re confident you’re doing good – it would be very easy to take on work in good faith and with enthusiasm, but I would strongly recommend thinking hard before taking on a big project. (Although as it happens in this instance, we had no time and had to back ourselves as having the necessary skills and access to others who might have the skills if we didn’t!)
AW: I am not part of a law firm, but I agree!
What have you personally gained from working on this case and how has it shaped your perspective on pro-bono legal work and advocacy?
AW: It has been hugely challenging and hugely rewarding. We have been towards the centre of an issue which is both important to world politics and a matter of life and death for the hostages. It has been a privilege and, if I was faced with the choice to take the case on pro-bono again even knowing what it would entail (which I certainly didn’t in October 2023), I would do it in a heartbeat.
AR: We have had several meetings with prime ministers, with FCDO ministers and officials, with international and parliamentary leaders and bodies that we would not have had access to and – from a purely personal perspective – that has been an incredible experience. But that is all secondary to what we have been seeking to do for the families of the hostages.
Finally, could you share a memorable moment or case development from, what you’ve called, a ‘rollercoaster’ of an experience?
AR: I think for me, the highlight was bringing one of the freed hostages, Eli Sharabi, to 10 Downing Street, a few weeks after he was released to make good on the promise to the Prime Minister a few months earlier (and which, when made, seemed potentially fanciful) that next time we came we would bring Eli with us.
AW: Adam chose my most memorable moment! It was hugely moving. If I were to pick a second, it would be the time we brought all our client families to London and spent a couple of days on a delegation with them, which included 10 Downing Street, the Foreign Office and a press conference broadcast live around the world. Amongst other things, I organised the food and – though I didn’t have a module on that in law school – it could not have been more important to the success of the day!