PARLIAMENTARY DEBATE
International Humanitarian Law - 14 March 2024 (Commons/Commons Chamber)

I visited Israel and the Occupied Palestinian Territories between 14 and 16 February. In Israel, I met Israel’s Attorney General, lawyers for the Israel Defence Forces, and the president of the Supreme Court. In the west bank, I met the Palestinian Attorney General and the Prime Minister.

History will not judge kindly when asked whether we did everything we could to prevent possible genocide in Gaza, given the scale of suffering brought about by weapons, disease, hunger, and in the light of the International Court of Justice’s interim order on restraint. When the Attorney General met the officials that she referred to, did she clarify that under the genocide convention, the ICJ order must be adhered to fully, and did she give any indication that the UK will cease participating in arms sales to Israel until that happens?

I know that the hon. Lady cares very deeply about this region—she and I have visited it together. I reassure her that my discussions with those I met, both in Israel and the Occupied Palestinian Territories, were very frank, and I am confident that our messages were delivered clearly. I made clear the importance of international humanitarian law being respected, civilians being protected, and compliance with the Geneva conventions when it comes to detainees.

The Minister of State, Foreign, Commonwealth and Development Office, the right hon. Member for Sutton Coldfield (Mr Mitchell), has stated that the Government respect the ICJ’s independence and role, but do not think that its ruling of plausible genocide was helpful. Given the forcible displacement taking place, the demolition of homes and structures, the near famine in Gaza, and the expansion of illegal settlements in the occupied west bank worsening daily, how does the Attorney General—who has seen all this stuff with her own eyes—propose to uphold international law before it is too late?

The hon. Lady and I served on the Justice Committee together, and I know that she shares my deep feeling that we must do everything we can to make sure that international humanitarian law is respected in the region. The UK has repeatedly raised with Israel the need to limit operations to military targets, to protect health facilities, and to avoid harming civilians. The Prime Minister and the Foreign Secretary have repeatedly raised those matters with their counterparts.

The UK Government’s less than wholehearted endorsement of the ICJ process and the International Criminal Court war crimes investigation, which is led by British lawyers, means that the alternative is that people increasingly turn to violence. That is the view of the Israeli civil society organisations that came to meet us yesterday, with the co-operation of Yachad. We have to uphold international law. Will the Attorney General recommit to both those processes?

The hon. Gentleman has long campaigned on these issues, so I know that he feels particularly passionately about the region as well. I am absolutely happy to commit this Government once again to upholding, where ever we can, international humanitarian law. Across this House, there is a great deal of consensus: we want the fighting to stop now. We are calling for an immediate pause to get aid in and the hostages out, and then to progress to a permanent ceasefire. We applaud the part of the ICJ’s provisional measures order that calls for exactly that.

It is seven weeks since the ICJ issued its interim ruling on Israel’s conduct in Gaza. The Netanyahu Government have failed to comply with that ruling, and we are still waiting for the UK Government to urge them to do so. Will the Attorney General today call on Israel to take the steps it was ordered to take by the Court?

We do not feel that that case was particularly helpful at this moment in the negotiations. We absolutely respect the ICJ—I have appeared there myself—and we of course understand that the interim measures order is binding on the parties. As I said to the hon. Member for Hammersmith (Andy Slaughter), elements of that order are extremely sensible, and we wholeheartedly respect them. We call, as the ICJ has done, for aid to go in and the hostages to come out immediately. That is the right way to proceed if we are ever to achieve a permanent ceasefire and, ultimately, a resolution of this dreadful conflict. However, we do not think terms such as “genocide”, without a formal final ruling of the Court, are particularly helpful to use.

I welcome the Attorney General’s strong condemnation of settler violence against Bedouin communities in the Occupied Palestinian Territories, and I also welcome the sanctions recently imposed on some of those involved in the violence. Based on her recent visit, does she think that there is a need to go further and sanction those extremist Israeli politicians who are encouraging the violent and illegal expansion of settlements?

When I visited the region with the hon. Member for York Central (Rachael Maskell) many years ago, we saw some of the actions of settlers in the occupied territories. So far as I was able to, I reprised that visit when I went to the region most recently, and I was surprised at the difference in the level of violence used. I was able to visit a Bedouin village and talk to those who feel that at a very difficult time for the farming community, during lambing, they were being pushed off their land. I listened very carefully to what the hon. Gentleman said, and I reassure him that the Government continue to keep this issue under review.

I call the Chair of the Justice Committee.

I welcome the Attorney General’s comments. I think every one of us shares the desire for the fighting to stop, and respect for the International Court of Justice. However, does she agree that it is important to be careful when we use legal terms in broader political debate? For example, the test of plausibility in the jurisprudence of the International Court of Justice is essentially about the admissibility of a claim, rather than its ultimate merits. The Court itself has described that, in a judgment involving Myanmar, as a “low threshold”. It is important not to make more of a preliminary finding than we should before final litigation is completed.

As ever, the Chairman of the Select Committee makes a very important point, and may I take this opportunity to congratulate him from the Dispatch Box on becoming an honorary KC, which I understand will happen on Monday? I am sure that the whole House will want to join me in saying that he is extremely worthy of this very significant honour, and we are all thrilled that it will be given. He does make an important point: words really matter; there will shortly be a statement to the House about that, and about the meaning of the term “extremism.” It is very important that we all choose our words carefully, particularly when it comes to this long-running and difficult conflict. We respect the rulings of the ICJ—of course we do—but that does not mean that we think every case before it is well brought.

On the issue of international conventions, treaties and international law, including international humanitarian law and the international refugee convention, will the Attorney General place in the Library over the weekend a legal statement on the circumstances in which international law is trumped by clear and unambiguous words in an Act of Parliament? Will she include in that statement the necessary citations from the Supreme Court and the House of Lords?

My hon. Friend is a great and long-standing Member of this House, and is able to ask questions the answers to which might not automatically be obvious. We are talking here about Palestinian and Israeli counterparts being in compliance with international law, but I am of course delighted to say again to my hon. Friend that this Government are committed to international law—we have said that repeatedly from the Dispatch Box—and I do not see any need to lay a statement such as he suggests, but I will continue to enjoy our conversations on this topic.

This week, in the other place, the Foreign Secretary said on the tragic conflict in the middle east:

“You have to obey the rules and obey the law”.—[Official Report, House of Lords, 12 March 2024; Vol. 836, c. 1915.]

That is an important affirmation from this Government that Israel both has a right to self-defence and very much has a duty to obey international humanitarian law. Can the Attorney General reaffirm that the Government will continue to stress both that right and that duty in this conflict, which we all want to end as soon as possible?

My hon. Friend makes an excellent point, and I would not like any Member of this House to be in any doubt: we all, across this House, want the fighting to stop now. That message is delivered by the Government on behalf of the House and the nation repeatedly and loudly. We are calling for an immediate pause to get aid in and hostages out, and then progress to a permanent ceasefire. We need five things to happen: the release of the hostages; the formation of a new Palestinian Government; Hamas’s capacity to launch attacks stopped; Hamas to no longer be in charge of Gaza; and a credible pathway to a two-state solution. I think we can all get behind that.