PARLIAMENTARY DEBATE
Gaza Border Deaths: UNHRC Inquiry - 22 March 2019 (Commons/Commons Chamber)
Debate Detail
A few days ago, Dr Tarek Loubani came to see me. He is a Canadian who last year was volunteering in Gaza. When the protests began—
The Government remain deeply concerned about the situation in Gaza. The violence over the past year has been and continues to be shocking, and the loss of life and large number of injured Palestinians are devastating. Since 30 March 2018, more than 23,000 Palestinians have been injured and 187 killed.
We have been clear that the UK fully supports the need for an independent and transparent investigation into last year’s events in Gaza. Our Prime Minister and my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), the former Foreign Secretary, made that position clear to Prime Minister Netanyahu last year, and we continue to urge the Israeli authorities to look into the Israel Defense Forces’ contact at the perimeter fence.
We have repeatedly made clear to Israel our long-standing concerns about the manner in which the IDF policed non-violent protests and the border areas, including the use of live ammunition. We call on Israel to adhere to the principles of necessity and proportionality when defending its legitimate security interests. It is totally unacceptable that Hamas and its operatives have been cynically exploiting the protests for their own benefit. Hamas and other terrorist groups must cease all actions that proactively encourage violence or put civilian lives at risk.
We welcome the fact that the Israeli Military Advocate General has recently ordered five criminal investigations that relate to 11 separate instances of Palestinian fatalities during the Gaza border protests. Those investigations are ongoing. Given the importance of accountability, it is vital that the investigations are independent and transparent, that their findings are made public, and that, if wrongdoing is found, those responsible are held to account.
In May 2018, the United Kingdom abstained on the UN Human Rights Council resolution calling for a commission of inquiry on the basis that the substance of a resolution must be impartial and balanced. We could not support an international investigation that refused to call explicitly for an investigation into the action of non-state actors such as Hamas. This morning, the UK abstained on the item 2 accountability resolution at the 2019 Human Rights Council, which included references to the commission of inquiry report. Although the report looks into Israel’s actions, it is highly regrettable that it did not look comprehensively at the actions of non-state actors such as Hamas.
The perpetual cycle of violence does not serve anyone’s interests, and it must end. The impact of the protests has been severe and catastrophic, particularly on Gaza’s healthcare system. I am considering what more the United Kingdom can do to support those in desperate need in Gaza, and I hope to be able to make a further announcement in the coming days.
The situation in Gaza remains unsustainable, set in the context of a stalled middle east peace process that remains, in the view of the UK, vital to pursue and preserve. A long-term strategy for Gaza itself is desperately needed to improve humanitarian and economic conditions and reduce the restrictions that are damaging the living standards of ordinary Palestinians. Israelis and Palestinians deserve to live their lives in peace and security. It is vital that all parties redouble their efforts to move towards renewed negotiations and the shared goals of peace and a two-state solution.
As I was saying, a few days ago, Dr Tarek Loubani came to see me. He is a Canadian who was volunteering in Gaza last year. When the protests began on the border last spring, he went to help the many protestors who had been wounded by gunfire or affected by tear gas. He said that, on 14 May, the situation was relatively calm. He stood chatting to his colleagues 25 metres away from the protestors, wearing his green hospital scrubs. He said:
“We could clearly see the IDF sniper towers…And they could see us”.
When he turned sideways, that was when they shot him—one bullet, through both legs. The paramedic who came to his aid, clearly marked in high-vis clothing, treated his injuries, then resumed his work elsewhere and was shot dead an hour later. That paramedic was one of 189 Palestinians killed during last year’s protests— 35 of them children—while Dr Loubani was one of 6,000 shot by snipers.
The UN report into these actions may have its faults—I accept that, and I agree that it plays down the role of Hamas in orchestrating these protests, but it provides clear and compelling evidence that live ammunition was used in a way that cannot be explained or justified against individuals such as Dr Loubani and thousands more like him. Yet this morning, as the Minister said, the Government have abstained on a resolution endorsing that report, in effect telling the Israeli authorities, “We refuse to find fault with your actions.”
I want to ask the Minister about the logic of the Foreign Secretary’s argument. He argues that because item 7 gives disproportionate attention to the situation in Palestine above all other conflicts, on principle the Government will veto all resolutions falling under that heading. By that logic, would it have been this Government’s position to veto all Council resolutions on apartheid, which was a standing agenda item for 26 years, or all Council resolutions on Chile under Pinochet, which was a standing item for 15 years, simply on a point of principle?
Even if we accept that argument, let us look at what the Foreign Secretary says next:
“Britain will continue to support scrutiny of Israel…in the HRC, so long as it is justified and not proposed under Item 7.”
But the report into events in Gaza debated at the Council today is being considered under item 2, not item 7. Surely the Minister cannot deny that its criticism of the use of live ammunition is justified. By the Foreign Secretary’s logic, why have the Government refused to support the report? If Dr Loubani cannot be given justice for the injuries he has suffered and the killing of his colleagues, surely he deserves at least to hear the world, including our country, unequivocally condemn it.
In relation to the procedural matters that the right hon. Lady raised, there are two parts to dealing with matters at the Human Rights Council: the vote itself, and the explanation of vote. The United Kingdom has not been alone in abstaining in relation to this accountability, and the votes were spread across the Human Rights Council. There are reasons for both.
The United Kingdom has taken a principled position in relation to item 7 for a period of time. When item 7 was introduced, as my right hon. Friend the Foreign Secretary said, Ban Ki-moon, the then UN Secretary-General, voiced his disappointment, given the range and scope of allegations of human rights violations throughout the world, that there was one specific item relating solely to Israel, and Israel was the only country that faced that. That has been the long-standing concern about item 7. At the same time, we have been at pains to make it clear that when issues came under other items, as with item 2 and this accountability report, the matter would be looked at entirely on its own merits, and we would support those actions that we believed we could.
In relation to this particular matter, at the time the inquiry was set up, we said that because of the nature of the inquiry—it would not be looking at the actions of those who were responsible for taking people to the fence and took some complicit action in relation to what happened—the inquiry could not be even-handed and balanced. That is why we abstained in the first place, and it is why we abstained again. If I may, I should put the explanation of vote that has been given in Geneva on to the record so that colleagues here can read it. It says:
“Our vote today follows on from our position in…2018 when we abstained on the resolution that created the Commission of Inquiry into the Gaza protests. Our expectation is that accountability must be pursued impartially, fairly, and in a balanced manner. We did not and cannot support an international investigation that refuses to call explicitly for an investigation into the action of non-state actors such as Hamas, and we cannot support a resolution that fails to address the actions of all actors, including non-state actors. The UK continues fully to support an independent and transparent investigation into the…events in Gaza. We note the IDF opening potential criminal investigations into a number of cases…But equally we have publicly and privately expressed our longstanding concerns about the use of live ammunition and excessive force by the Israel Defence Forces. Our decision to abstain reflects”—
our concern and our balanced position. That is the reason for it, but it does not stop us calling out those actions we consider to be wrong. We welcome the fact that there will be some criminal investigations, and we wait to see the result of them.
“The police force of the de facto authorities in Gaza bears responsibility for failing to take adequate measures to prevent incendiary kites and balloons from reaching Israel, spreading fear among civilians in Israel and inflicting damage on parks, fields and property. Similarly, the police force failed to prevent or take action against those demonstrators who injured Israeli soldiers.”
Some of that is touched on, but the underlying issue remains that Hamas has a credo of violence against the state of Israel, which is at the heart of its actions and sustains those involved in terror. That has to end, as part of the process that will see peace and security in the region.
We continue to exert pressure and make appropriate representations to Israel about what can and should come in and out of Gaza that will assist the economic situation, and we continue to support UN envoy Nickolay Mladenov and his long-term plans for reconstruction and support, but ultimately, only the balance of trust that can lead to the end of violence will produce a viable opportunity for Palestinians. In that context, it is not just the Israeli authorities who have a responsibility. It is important for us to put pressure on all to seek to resolve what is an utterly miserable and wretched situation for the average person in Gaza.
The explanation of vote makes it clear, as does our contact with Dr Loubani and others, that we are not seeking a procedural reason not to accept a report which was flawed from the beginning. It only distracts people from concentrating on finding out what really happened and being able to make some changes.
We are very clear about the fact that international humanitarian law must be upheld, and we have commented on the deaths and injuries of medical workers. Let me say again from this Dispatch Box that no medical worker should be a target, and that when that happens, there must be independent accountability for it. We will wait to see what arises from the investigations that have been started on the other side. Those who bear some responsibility for putting people in a position of risk must also be considered, but no medic should ever be shot. Something, somehow, went wrong in relation to that, and it is not conscionable in any terms.
“It is a source of great concern that, since 30th March 2018, over 23,000 Palestinians have been injured and 187 Palestinians have been killed during these protests. Hamas of course bear principal responsibility as their operatives have cynically exploited the protests.”
Does the Minister seriously support that? Even if he regards this report as incomplete it is robust in what evidence is in it, which suggests that children, medics and civilians have been gratuitously executed by Israeli snipers over a long period. It appears that the Government are looking for an excuse not to condemn the Netanyahu Government; having had one removed, they now have an even flimsier one. Does the Minister not realise that this gives a green light to Israel to continue murdering civilians and maiming people in this way, and that his Government will bear some responsibility for that?
On the deaths and injuries involved, the concerns about disproportionate use of live ammunition and some of the incidents reflected there, we would expect to see that covered by other tribunals. We welcome the fact that Israel has opened some criminal investigations into some of its activities, but again I say that there are many responsible for the issue and we need never to forget those who have been involved. The work of Dr Loubani and others brings that to mind, and we need to ensure that we concentrate on concluding it rather than just debating these issues. I appreciate the hon. Gentleman’s regular concern and interest in these matters.
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