PARLIAMENTARY DEBATE
Israel and Gaza - 20 May 2024 (Commons/Commons Chamber)
Debate Detail
Over seven months since the horrors of 7 October, there is no end to the current conflict in sight. This Government want to bring the conflict to a sustainable end as soon as possible, but as so often with conflicts of this nature, the question is not about our desire for peace, but rather about the best means of achieving it. We continue to believe that the fastest way to end the conflict is to secure a deal that gets the hostages out and allows for a pause in the fighting in Gaza. We would then have to work with our international partners to turn that pause into a sustainable permanent ceasefire.
Building momentum towards a lasting peace will require a number of elements, including removing Hamas’s capacity to launch attacks against Israel. It was a deal of that kind that secured a pause in the fighting before Christmas—the only such pause since Hamas’s horrific attack. It was that approach that the United Nations Security Council endorsed just last month, following some effective British diplomacy.
A deal with Hamas for a pause in the fighting would involve exchanging hundreds of Palestinian prisoners charged with serious acts of terrorism in return for the hostages’ release. I do not underestimate how difficult that must be for the Israeli Government, but it is the best way forward that we see right now.
We continue to work closely with the United States and partners in the region to support such a deal. We do not believe that the International Criminal Court prosecutor seeking warrants will help in that regard. As we have said from the outset, we do not think that the ICC has jurisdiction in this case.
A deal as I have described offers the best prospects of reuniting more hostages with their families; the anguish for them is unbearable. I am sure that the whole House joins me in holding the family of Nadav Popplewell in our thoughts at this deeply distressing time. We are still working intensively to establish the facts after the awful video that his Hamas kidnappers released last week. The Foreign Secretary met the family last week to hear more about their ordeal at first hand. Likewise, we send our condolences to those families whose loved ones the Israeli authorities stated last week had died.
At the same time, the toll on civilians in Gaza continues to rise. Images from the strip give us some sense of what they endure: civilians piling belongings on to a cart led by a donkey, or seeking to scrape together a meal in a makeshift shelter. We have seen appalling attacks on aid convoys and UN offices by Israeli extremists, and the tragic deaths of UN and other humanitarian personnel in Gaza.
We keep in close contact with Sigrid Kaag, the UN humanitarian co-ordinator, and we condemn all attacks on aid workers and support the United Nations’ call for an independent investigation. The Government of Israel have previously set out publicly their commitment to increase the flow of aid into Gaza significantly, but we need to see far more. The Prime Minister impressed the urgency of that on 30 April. In the past 10 days, the Foreign Secretary has spoken to Israeli Ministers Ron Dermer and Israel Katz. He has called on them to implement in full Israel’s aid commitments. We want to see: humanitarian aid allowed to enter through all relevant crossing points, including in Rafah; critically needed goods flowing in, particularly fuel and medical supplies; effective deconfliction processes to ensure that aid can be distributed safely and effectively; critical infrastructure restored and protected; evacuations for all those eligible; concrete action to protect civilians and minimise casualties; and, as Israeli Minister Benny Gantz said over the weekend, more planning for reconstruction and a return to Palestinian civilian governance of Gaza once the fighting has ceased.
We remain absolutely committed to getting aid into Gaza to alleviate the suffering, and we are working with a wide variety of other Governments and aid agencies to deliver aid by land, sea and air. I am delighted to confirm to the House that we have now successfully delivered British aid on to Gaza’s shore using the Cyprus maritime corridor, which we and our partners—notably, the United States, the United Arab Emirates and Cyprus—made operational just last week. We have committed almost £10 million in funding. The Royal Fleet Auxiliary Cardigan Bay is acting as a logistics hub for the operation.
We have now delivered more than 8,000 shelter coverage kits alongside aid from the US and UAE, with more aid to follow in the coming weeks including hygiene kits and forklift trucks. Work to develop other effective partnerships for the delivery of aid continues. Lord Ahmad of Wimbledon is in Qatar today, discussing a health partnership for Palestinians so that a British medical training agency can support doctors and health practitioners treating Palestinian patients.
We know that much, much more aid is required, but that delivery by land remains the quickest and most effective option, so we continue to work closely with Oman to maximise the aid delivered via the Jordan land corridor. I pay tribute to all those aid workers, military personnel, diplomats and medical professionals who are involved in Britain’s efforts to save lives and alleviate the suffering of civilians in Gaza. I confirm to the House that, last week, intense efforts by the Foreign Office led to the departure from Gaza of three British aid workers who were at risk from an outbreak of fighting.
As the fighting continues, we estimate that around 800,000 Palestinian civilians have fled from where they were seeking shelter in Rafah to other parts of the southern strip. The extent of this displacement is why we have been clear that we would not support a major Israeli military operation in Rafah, unless there was a very clear plan for how to protect people and save lives. We have not seen that plan. We and 13 of our partners, including France, Germany, Italy and Australia, set out our concerns in a detailed letter to the Israeli Government.
After more than seven months of fighting, it is becoming difficult to imagine the realisation of a lasting peace, but Britain continues to try to build momentum towards that goal. That will require not only the release of all the hostages and an end to the current fighting, but the removal of Hamas’s capacity to launch attacks against Israel; Hamas no longer being in charge in Gaza; the formation of a new Palestinian Government for the west bank and Gaza; and a political horizon for the Palestinians, providing a credible and irreversible pathway towards a two-state solution. That is what we continue to strive towards: peace and security for Israelis and Palestinians alike. I commend the statement to the House.
Labour has been opposed to an Israeli offensive in Rafah for months. The UK Government should now work with the United States to try to prevent a full-scale Rafah offensive, by being clear that they will assess UK exports and, if it goes ahead, join our American allies in suspending weapons or components that could be used in that offensive.
When we last met on this subject, I asked the Deputy Foreign Secretary to confirm whether he or the Foreign Secretary had received from Foreign, Commonwealth and Development Office officials any assessment or policy advice—not legal advice—that the threshold had already been met. He dodged the question, and did not answer. I repeat that question to him today. The whole House will be interested in his response.
Last November in this House, the Deputy Foreign Secretary appeared to row back on Boris Johnson’s shameful abandonment of the International Criminal Court when he said:
“It is not for Ministers to seek to state where the ICC has jurisdiction”.—[Official Report, 14 November 2023; Vol. 740, c. 513.]
The Prime Minister followed up in December when he said:
“we are a strong and long-standing supporter of the International Criminal Court.”—[Official Report, 6 December 2023; Vol. 742, c. 336.]
But in today’s statement, the Government have backtracked, U-turning on one of the Britain’s most fundamental principles: respect for the rule of law. Labour has been clear throughout this conflict that international law must be upheld, the independence of international courts must be respected, and all sides must be accountable for their actions. I ask the Minister very simply: does he agree?
Arrest warrants are not a conviction or a determination of guilt, but they do reflect the evidence, and the judgment of the prosecutor about the grounds for individual criminal responsibility. Labour’s position is that the ICC chief prosecutor’s decision to apply for arrest warrants is an independent matter for the Court and the prosecutor. Does the Minister agree? Labour believes that the ICC’s independence must be upheld and respected, and that it is right that the conduct of all parties is addressed by the Court. Does the Minister agree? Labour believes that the focus of politicians should be on achieving an immediate ceasefire, in order to end the war in Gaza, free the hostages, alleviate the humanitarian crisis and create a pathway towards a lasting political solution. Does the Minister agree? Labour believes the UK and all parties to the Rome statute have a legal obligation to comply with orders and warrants issued by the ICC. Democracies that believe in the rule of law must submit themselves to it. Does the Minister agree?
Labour supports the ICC as a cornerstone of the international legal system. That support applies regardless of the Court’s focus, whether it is in Ukraine, Sudan, Syria or Gaza. Does the Minister agree? This gets to the heart of a simple question. Does the Conservative party —the party of Churchill, who was one of the founders of our international legal framework—believe in the international rule of law or not?
The right hon. Gentleman starts off by saying that this is day 226 of the incarceration of the hostages, of the destruction that has taken place, and of the risks of escalation. I completely agree with what he says. He says that the diplomatic pressure must rise. I can tell him that the diplomatic pressure is intense on all counts and in all places. He says that we must work closely with the United States of America. Let me assure him that we are working intensively and closely with the United States.
The right hon. Gentleman asks me about the advice we receive, and suggests that I dodged the question on the earlier occasion. I certainly had no intention of doing so. I can tell him that we receive all sorts of advice from all sorts of places, but we do not—as is the custom and practice, as he knows well—disclose our legal advice. We are always careful to follow it meticulously; that is my answer to his question.
The right hon. Gentleman asks: is this a matter on which the International Criminal Court should act independently? My answer is that of course it is, but we do not necessarily have to stay silent on what the court is doing, and we certainly are not doing so. On his question about the letter from a former Prime Minister, as we have said from the outset, we do not think that the ICC has jurisdiction in this case. The UK has not recognised Palestine as a state, and Israel is not a state party to the Rome statute.
As I say, if we split away some of what the right hon. Gentleman said today from the oratory that he customarily displays in this place, we see that the positions of the Opposition Front Bench and the Government remain very closely aligned.
I welcome the effort on the maritime port—it is good that that is now in place—but it will be unable to function come September owing to the changes in the tide, so this is a short-term solution. Since 6 May, when the Rafah offensive started, only 40 trucks have gone through the Kerem Shalom crossing. In Rafah no fuel has gone in, no medical evacuations have taken place and aid agencies have started to suspend the sending in of their own people, which is extremely concerning. When will the Rafah crossing reopen, and will the Erez West crossing finally accept aid, not just through Jordan but also through Ramallah, because otherwise the amount of aid that is needed will simply not get in?
Given the ferociously disproportionate Israeli response, which has seen 35,000 dead, 100,000 injured, tens of thousands of children orphaned, civilian infrastructure in ruins and the cutting off of food, water, electricity and medical supplies, we also welcome the ICC’s filing of applications for warrants for the arrest of both the Israeli Prime Minister, Benjamin Netanyahu, and the Defence Minister, Yoav Gallant, for war crimes and crimes against humanity. The ICC says that it has evidence, including interviews with survivors and eyewitnesses, that shows that Israel has intentionally and systematically deprived the civilian population of Gaza of what they need to survive. It has referred specifically to Israel using starvation as a weapon of war, and intentionally directing attacks against a civilian population. All these are acts that constitute a crime against humanity. The ICC has also confirmed everything that we have said about the crimes of 7 October, and Israel’s use of collective punishment and ethnic cleansing in response to those crimes.
For eight months, this Government have told us that they cannot make an assessment of breaches of international humanitarian law, but they have today—because it suits them—made an immediate assessment of the decision of the International Criminal Court, whose panel of experts consists predominantly of UK lawyers, simply because they do not agree with it. It is shameful and unforgivable that for eight months this Government have chosen to deny the evidence of their own eyes, and have given political cover and munitions to Israel. We have to assume, sadly, that if today does not put an end to the UK licensing of arms exports to Israel, absolutely nothing will.
Like the shadow Foreign Secretary, the hon. Gentleman asks whether we are playing fast and loose with the rule of law. We are certainly not, and I hope that he will attend the main debate today, when he will see exactly what the Government think about the rule of law in all cases. Just because someone supports the role of the ICC, it does not mean that they have to be devoid of a view on what it is saying, and the Government are giving their view. As I said, we do not believe that seeking warrants will get the hostages out, get aid in or deliver a sustainable ceasefire, which remains the UK’s priority.
“Placing the leaders of a country that went into battle to protect its civilians in the same line with bloodthirsty terrorists is moral blindness”.
In respect of the Colonna report, we are still waiting for the Office of Internal Oversight Services report from the United Nations, and I am advised that there has been good co-operation between the United Nations and the Israeli authorities on that. On UNRWA, as I have said, we are waiting for that report. The House should expect that we will be restoring funding to ensure that humanitarian support is available through that mechanism, but I am sure that the hon. Gentleman will reflect on the appalling events that were revealed in connection with UNRWA staff, and we must complete the process that I set out.
Iran’s destabilising foreign policy is determined by the President, the Supreme Leader and the Foreign Minister, two of whom were killed in a helicopter crash at the weekend. It is clearly for Iran to determine who replaces them, but will we advance our own robust policy in standing up to Iran’s proxy influence? Otherwise, we will never secure lasting peace in Gaza.
“Target Israel and we will target you”
and that they would ensure that
“all American support for the ICC”
is withdrawn, is not a place that this Government will ever be in?
“acts were committed…to use starvation as a method of war”,
along with violence; evidence of the collective punishment of the civilian population of Gaza; and evidence that
“Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival.”
Never mind being on the right side of history; will we ensure that we are on the right side of the present?
“it’s the cabinet that should be stopping the trucks.”
That view cannot be allowed to stand. Will the British Government sanction the violent protesters who are destroying aid, and their supporters within the Israeli Government?
“The conditions set by Benny Gantz are empty words whose meaning is clear: an end to the war and…establishing a Palestinian state.”
It is very clear now that Prime Minister Netanyahu wants a forever war and is opposed to a two-state solution for Israel and Palestine. What are the UK Government saying to Prime Minister Netanyahu to ensure that he understands where we and the international community stand on this issue—as do many Israelis, including members of his own Government? What action is being taken against Ben Gvir, Smotrich and the Prime Minister of Israel, who are clearly trying to prolong the war in Gaza?
“we do not think that the ICC has jurisdiction in this case.”
The Israeli Government have ignored, for the past three months, the motion passed by the UK Parliament, as proposed by the Labour Party, for an immediate ceasefire and are instead planning a full-scale offensive on Rafah, which would be a humanitarian catastrophe. Can the Deputy Foreign Secretary confirm whether, if that planned assault does go ahead, the UK Government will suspend arms or component sales to Israel?
“The House should expect that we will be restoring funding”
to UNRWA. It sounds like the Government have made up their mind. If that decision has been made, and given the absolutely horrendous humanitarian situation in Gaza, why do we not just get on with it? If there is any chance that funding will not be restored, what are the Government doing as an alternative plan to get humanitarian aid in?
“The Panel agrees with the Prosecutor’s assessment that the ICC has jurisdiction in relation to crimes committed on the territory of Palestine, including Gaza…under article 12(2)(a) of the ICC Statute. It also agrees that the Court has jurisdiction over crimes committed by Palestinian nationals inside or outside Palestinian territory under article 12(2)(b) of the Statute. The ICC therefore has jurisdiction over Israeli, Palestinian or other nationals who committed crimes in Gaza or the West Bank. It also has jurisdiction over Palestinian nationals who committed crimes on the territory of Israel, even though Israel is not an ICC State Party.
The basis for the Court’s jurisdiction is that Palestine, including Gaza, is a State for the purpose of the ICC Statute. The ICC’s Pre-Trial Chamber has already ruled that the Court’s jurisdiction extends to Palestine, as a State Party to the ICC Statute, on this basis.”
That is the opinion of an illustrious list of mainly English lawyers, with the exception of my dear colleague Baroness Helena Kennedy, who is of course a Scot, although she is at the English Bar. Can the Deputy Foreign Secretary, who I see has one of the Law Officers sitting beside him, tell me which part of that opinion is wrong?
Can the Deputy Foreign Secretary clarify something for me? He has suggested that 800,000 Palestinians have had to move out of Rafah in the past week or so. He has also suggested that not enough humanitarian aid is getting through, which is because the Israeli Government are refusing to let it through. He has also said that the Israeli Government have a right to defend themselves—we all agree with that—but within the bounds of international humanitarian law. Who is to judge that international humanitarian law if it is not an international court? Surely it cannot just be a set of politicians sitting in the Foreign Office making it up in their own minds.
The Deputy Foreign Secretary said to my right hon. Friend the Member for Tottenham (Mr Lammy) that the ICC does not have jurisdiction. He said to the SNP spokesperson, the hon. Member for Argyll and Bute (Brendan O’Hara), that the pre-trial chamber has not reached a decision. He said to the hon. and learned Member for Edinburgh South West (Joanna Cherry) from the SNP that we have to wait and that this is not the right moment. Does he believe that the ICC has jurisdiction on this issue? Will he give a straight answer—yes or no?
The Prime Minister has requested to make a short statement on today’s publication of the final report of the infected blood inquiry. On this occasion, given the nature of the statement, I have agreed that there will be only a few limited and brief responses today, as there will be a further major statement tomorrow, when all hon. Members will have the opportunity to question the Cabinet Office Minister at length.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.