Palestinian Communities: Israeli Demolitions

Debate between Lord Austin of Dudley and Stephen Kinnock

Wednesday 6th December 2017 Westminster Hall

[Ian Austin (Dudley North) (Lab)]

A moment ago, my hon. Friend was talking about Gaza. Is it not the case that Israel signed an agreement on movement and access in relation to Gaza with the Palestinian Authority; gave the Palestinians control over the borders for the first time in history; allowed imports and exports; planned for the construction of a sea port and an airport; and pulled out of Gaza and removed the settlers? But Hamas took over; expelled Fatah; murdered rival Palestinians; armed itself with hundreds of thousands of rockets aimed at Israel, which were provided by Iran; and dug tunnels to attack civilians on kibbutzes? That is what happened in Gaza. What responsibility does my hon. Friend ascribe to Hamas for the situation in Gaza, and how does he think it is possible to resolve it?

[Stephen Kinnock]

I agree that many of the things that my hon. Friend listed have taken place, but the fact remains that there has been a land, sea and air-based blockade of the Gaza strip throughout that entire period. Gaza is now described as the largest open-air prison in the world, and the UN has declared that it will be unliveable by 2020, so there is a humanitarian crisis that has to be resolved, and it is in the gift of the Israeli Government to take that forward.

I have described the harsh reality of the facts on the ground. I met the commissioner-general of the United Nations Relief and Works Agency yesterday, and his message to the international community was clear: conflict management is not enough, and we must do more to support an actual resolution to the conflict. I agree that we cannot continue with a wait-and-see approach. Where has that got us over the last 50 years, 25 years or the 10 years of the Gaza blockade? We are where we are because of choices that have been made—choices on both sides of the conflict. Foremost among them has been the active choice to continue the expansion of illegal settlements on Palestinian territory and the forcible transfer of Palestinian families and communities from their homes. Both those policies have created a coercive environment that seeks to undermine the ability of Palestinians to continue living where they are. They are at great risk of forcible transfer, which is a clear violation of the fourth Geneva convention.

Just over a month ago, a UN report found that Israel’s role as an occupying power in the Palestinian Territories has

“crossed a red line into illegality”.

International law is clear. An occupying power cannot treat occupied territory as its own or make claims of sovereignty. Occupation must be temporary, and the power must act in good faith and in the best interests of the protected or occupied population. However—these are the findings of the UN and its special rapporteur—that has been the repeated pattern of behaviour of successive Israeli Governments over the 50 years of the occupation.

A central plank of the occupation and spread of settlements has been the demolitions. It is estimated that almost 50,000 Palestinian structures have been demolished since 1967, with 1,500 homes demolished in Rafah alone between 2000 and 2004. That is despite warnings in 1968 from Theodor Meron, later the president of the International Criminal Tribunal for the Former Yugoslavia, that the demolitions, even on security grounds, broke international law and the fourth Geneva convention. Article 53 of that convention prohibits the destruction of private property by an occupying power, and it is unequivocal, so how do the Israeli Government respond? They respond not by denying the substance of the claims of demolition, but by claiming that Palestine is not a party to the Geneva convention because it is not a state. Astonishing! Stepping beyond the fact that the policies of the Israeli Government are the main obstacle to Palestinian statehood, that is an utterly specious argument, because a basic and fundamental principle of human rights law is that international human rights treaties apply in all areas in which a state exercises “effective control”, and the occupation clearly constitutes such control.

--- Later in debate ---

[Stephen Kinnock]

I certainly welcome the Prime Minister’s comments earlier today. I hope there can be cross-party support for restating the clear and long-held position of the British Government on this matter.

As we speak, a swathe of communities remain at risk of forcible transfer. Susiya, Khan al-Ahmar, Ain al-Hilweh, Um al-Jamal and Jabal al-Baba are under imminent threat—824 people, 464 under the age of 18, reside in these communities. Just a few days ago, 35 UK rabbis wrote to the Israeli ambassador regarding the impending demolitions in Susiya, to urge the Israeli Government to stop and think. Demolition, displacement and forced transfer in Susiya and other Palestinian communities in Area C would constitute a war crime under international law.

I am sure that all hon. Members here will wish to join me in urging the Israeli Government to think again and withdraw its threat to demolish and displace these communities; these are violations of international law that set back the cause of peace and security. I believe we must respond to these illegal acts of occupation, as we would have done to other such acts around the world. The UK and the European Council prohibited the trade import of all goods from Crimea after the Russian illegal occupation and annexation in 2014. We should follow that precedent when it comes to the illegal settlements. This is land that has been illegally seized and annexed. Palestinian property and homes have been destroyed and seized. Communities have been uprooted, displaced and destroyed. Therefore I see no way in which we cannot cease to trade with the illegal settlements. I categorically do not propose an end to trade with the state of Israel, of course, but let us be clear: the illegal settlements are not part of Israel proper; they are part of occupied Palestinian territory. How can we continue to support this illegal settlement enterprise? Surely that makes us complicit in illegal activities. Continued trade with illegal settlements creates an economic incentive for more illegal acts. It encourages the demolition of homes and communities to make way for settlements, simultaneously denying Palestinians access to economic opportunities.

Tamir Pardo, the former head of Mossad, has said that in that coercive environment, which is so insidious and dangerous,

“Israel faces one existential threat,”

and it is not external—Iran or Hezbollah—but rather “internal.” It is the result of a divisiveness in Israel, resulting from a Government that has decided to bury its head

“deep in the sand, to preoccupy ourselves with alternative facts and flee from reality”.

Those are the words of a former head of Mossad, who makes clear that the existential threat facing Israel is one of its own making, namely the occupation. As Pardo has gone on to argue, the blockade, the occupation, the demolitions and the aggressive annexation of Palestinian land are matters that we should all be concerned about, not because it is a pro-Israeli or pro-Palestinian position, but because they undermine peace, as well as the moral, political and legal fabric of Israel.

[Ian Austin]

How can my hon. Friend argue that the existential threat that Israel faces is one of its own making, when on day one, the day of Israel’s establishment in 1948, the country was invaded by five Arab armies, when the Palestine Liberation Organisation and Hamas have been dedicated to Israel’s destruction for the past 70 years, when Iran is committed to wiping Israel off the map of the earth and is arming Hezbollah and Hamas with rockets to do that?

[Stephen Kinnock]

I thank my hon. Friend for that question. I remind him that I am quoting Tamir Pardo, the former head of Mossad, who has named that as the existential threat.

[Ian Austin]

That is not what you think, but you are quoting it.

[Stephen Kinnock]

I agree with Mr Pardo—