Israel and the Occupied Palestinian Territories

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Wednesday 12th February 2025

(1 week ago)

Westminster Hall
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Hamish Falconer Portrait The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Mr Hamish Falconer)
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It is an honour to serve under your chairmanship, Dame Siobhain. I thank my hon. Friend the Member for Alloa and Grangemouth (Brian Leishman) for securing this debate. I will try to make some progress. I imagine that many colleagues will want to intervene, but I am keen to give my hon. Friend a chance to respond, so I will limit the number of interventions that I take.

Many Members have spoken movingly of the horrific scenes that we have seen right across the conflict, and many have drawn attention to the fact that it is right for all our minds to be on the ceasefire at this time. It is vital that the ceasefire continues through this weekend and beyond, through all three of its phases, on time and in full. That is the most important intervention that the international community can make for the people of Gaza and the people of Israel at this time.

I reiterate, as the Prime Minister and the Foreign Secretary have done repeatedly, that the UK is fully committed to international law. When the Prime Minister addressed the UN General Assembly last year, he urged UN members to turn back

“towards the rule of law towards cooperation, responsibility and progress. Towards peace.”

Hamish Falconer Portrait Mr Falconer
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I will in a minute.

We demonstrated our commitment to international law in September, when the Foreign Secretary announced to Parliament the decision to suspend relevant export licences to Israel. I reassure hon. Members that that is not a partial suspension; it is a full suspension. I will not rehearse the F-35 arguments, but those suspensions do cover drones and the kinds of attacks that Professor Mamode has been briefing about so movingly.

That decision was made following the Foreign Secretary’s review of Israel’s compliance with international humanitarian law, which concluded that there is a clear risk that UK exports could be used in violation of international humanitarian law. We are continuing those assessments and we keep all aspects of our exports policy under close review.

John McDonnell Portrait John McDonnell
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I am grateful for the Minister’s statement about the British Government complying with international law, because a number of us are concerned about complicity. Mark Smith, the diplomat who resigned because of his concern about arms sales to Israel, wrote three days ago:

“I saw illegality and complicity with war crimes.”

Has there been an investigation into Mark Smith’s allegations?

Hamish Falconer Portrait Mr Falconer
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My right hon. Friend will understand that I do not want to comment too much on an individual case, but the diplomat in question was not engaged in this issue specifically since our Government have been in power, so I am not sure that there is a question for us to answer there.

The hon. Member for Honiton and Sidmouth (Richard Foord) asked about the advisory opinion of the ICJ. The UK has traditionally been a strong supporter of the ICJ. It is the principal judicial organ of the United Nations and this Government respect its independence.

Douglas McAllister Portrait Douglas McAllister (West Dunbartonshire) (Lab)
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On that point, will my hon. Friend give way?

Hamish Falconer Portrait Mr Falconer
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I will make a little bit more progress, if I may.

As the Foreign Secretary and others have made clear, we continue to consider the opinion carefully. My hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) rightly identified the complexity and the novel elements of that advisory opinion, and we are taking our time in considering it. I hope to be able to return to the House in due course. The opinion contains novel findings that require further reflection. I understand his desire to know quickly our position, but hon. Members will appreciate that such an important decision necessarily takes time and careful consideration. The advisory opinion in itself took months in its development, and will take some months in its—

Debbie Abrahams Portrait Debbie Abrahams
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Will the decision about the advisory opinion be made before or after the Swiss conference in March?

Hamish Falconer Portrait Mr Falconer
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I am not going to be drawn on precise timings.

Douglas McAllister Portrait Douglas McAllister
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In its judgment, the Court stated that Israel is

“under an obligation to provide full reparation”

to Palestinian victims—full reparations for its damage and destruction. That is a key part of securing peace. How will our Government ensure not only that UK and international aid flows in, but that reparations are paid to the people of Palestine?

Hamish Falconer Portrait Mr Falconer
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I am not going to comment further on how we are going to respond to the advisory opinion. It is in process and I hope to be able to update the House soon. Recognising that time is running away from me, I am not going to take any more interventions, but I will very quickly run through some of the other issues that were raised most regularly.

In relation to trade, I want to be clear that the UK Government consider Israeli settlements illegal under international law, and goods produced in those settlements are not entitled to benefit from trade and trade preferences under the UK’s current trade agreements with the Palestinian Authority and Israel. We support accurate labelling of settlement goods so as not to mislead the consumer. We routinely update our guidance to British businesses on the overseas business risk website and advise British businesses to bear in mind the UK Government’s view on the illegality of settlements under international law when considering their investments and activities in the region.

There have been many questions about statements from the US President. The UK has always been clear, and we remain clear, that we must see two states, with Palestinians able to live and prosper in their homelands in Gaza and the west bank. There must be no forced displacement of Palestinians, nor any reduction in the territory of the Gaza strip. Palestinians should be able to return and rebuild their homes and their lives. That is a right guaranteed under international law. We need to move through the phases of this ceasefire deal, towards reconstruction. We will play our part in supporting that reconstruction, working alongside the Palestinian Authority and Gulf and Arab partners.

Let me end by reiterating this Government’s commitment to international law. We continue to consider the advisory opinion carefully, with the seriousness and rigour that it deserves. Our long-standing position is that Israel should bring an end to its presence in the OPTs as rapidly as possible. That should be done in a way that creates a path for negotiations towards a two-state solution where two democratic states, Israel and Palestine, live side by side in peace. That is what we will continue to press for with our international partners at every opportunity.

I close by saying that my thoughts are with those in Gaza and in Israel suffering with terrible uncertainty at the moment. We must all hope for the preservation of the ceasefire. I and the rest of the Ministers at the Foreign Office will do everything in our power to preserve it.