Israel and Gaza

Debate between Andrew Mitchell and Joanna Cherry
Monday 20th May 2024

(6 months ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Mitchell
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The Government operate through other agencies as well as UNRWA. We have been very close indeed to the World Food Programme, through which an enormous amount of humanitarian aid is distributed. On UNRWA, we will go through the stages that I have set out clearly to the House. The hon. Gentleman can rest assured that, from my discussions with the United Nations Secretary-General in New York just over a week ago, UNRWA is funded for the moment, and we hope that our own funding, subject to the results of the UN Office of Internal Oversight Services inquiry and the implementation of the Colonna report, will be restored.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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On the jurisdiction of the ICC, the Government’s statement is out of step not just with the prosecutor but with the impartial independent panel of experts on international law from whom he sought advice. That panel consisted largely of lawyers from this jurisdiction—by which I mean England and Wales, and not my own in Scotland. Here is what they said, and I want the Deputy Foreign Secretary to tell me what part of it is wrong:

“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?

Andrew Mitchell Portrait Mr Mitchell
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The hon. and learned Lady is an immensely distinguished advocate and lawyer. She will have read the letter signed by no fewer than 600 lawyers that broadly agrees with what she has said, but she may also have read the letter from—I think—1,000 lawyers that disagrees with it. That shows that there are many different interpretations of this matter; hers is one, and as I have set out, the view of the Government is another.

Sudan: Government Response

Debate between Andrew Mitchell and Joanna Cherry
Monday 22nd April 2024

(7 months ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Mitchell
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On the hon. Lady’s second point, I have set out the clear message from the British Government about the supply of arms,. On her first point, she is right that conflicts elsewhere in the world—particularly in Ukraine and Gaza—have to some extent taken attention away from Sudan, and indeed Ethiopia, on which, in Geneva last Tuesday, Britain was leading the effort to raise money to head off a famine. Part of the benefit of the urgent question is that we can make clear the threat, what is happening in Sudan, and what Britain is doing to try to assist.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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Sudanese students at Heriot-Watt University in my constituency were desperately worried about their family members in Sudan when I met them last year at the request of the university chaplain. Many of their family members needed help fleeing to neighbouring countries, and others have sought family reunification with British citizens already living here. What are the Government doing to help British citizens to save the lives of their relatives in Sudan?

Andrew Mitchell Portrait Mr Mitchell
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The hon. and learned Lady will know the steps that Britain took a year ago to help those who were seeking to leave, but since then the vast amount of migration has been across the border into Chad and South Sudan, and indeed into Ethiopia. Britain has contributed £15 million to help those whom I saw near Adré, on the border between Sudan and Chad, at the end of last month. In respect of South Sudan, where there is a significant and increased programme of humanitarian support, we have directly contributed nearly £8 million.

Israel and Gaza

Debate between Andrew Mitchell and Joanna Cherry
Tuesday 19th March 2024

(8 months, 1 week ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Mitchell
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It is early days yet to see precisely how that maritime initiative will deliver, but I do not believe that what my right hon. Friend fears will be allowed to happen as we tackle that issue. We are giving strong support to all mechanisms for getting aid into Gaza—air, sea and land—but he, like me, will understand that the best mechanism is always by land.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I do not think I have ever received as many emails of concern from constituents as I have about the situation in Gaza. As has already been said, over 500,000 Palestinians are at starvation levels and 27 children and three adults have died so far as a result of starvation and dehydration. In the words of Medical Aid for Palestinians:

“This is not happening because the rains have failed or there has been a poor harvest. It is because…the Israeli authorities refuse to allow enough food into Gaza”.

So I have this question for the Minister, and my Edinburgh South West constituents will be listening to the answer: does he agree that starvation as a weapon of war is a war crime?

Andrew Mitchell Portrait Mr Mitchell
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The point that I hope the hon. and learned Lady will make to her Edinburgh constituents is that she and I, the Government and the whole House are intent on ensuring that more food and more support get into Gaza as rapidly as possible. That is what the Government are doing every day.

Israel and the Occupied Palestinian Territories

Debate between Andrew Mitchell and Joanna Cherry
Monday 29th January 2024

(9 months, 4 weeks ago)

Commons Chamber
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Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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No one is disputing the fact that Israel has the right to defend itself, but it must do so within the law, and that is what the ICJ has said. When the ICJ ordered provisional measures in the case against Myanmar, the UK Government welcomed the decision and asserted that Myanmar must do more “to protect the Rohingya.” In a statement, a Minister said:

“We encourage the government of Myanmar to comply with the provisional measures, which are legally-binding”.

Is this Minister prepared to stand at the Dispatch Box and say the same of Israel? Does he encourage the Government of Israel

“to comply with the provisional measures”,

and does he accept that they are legally binding?

Andrew Mitchell Portrait Mr Mitchell
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As we have made clear, we always emphasise the importance of abiding by international humanitarian law. At the start of her question, the hon. and learned Lady set out the two key points that were made by the ICJ, about the importance of international humanitarian law and the release of the hostages, and the Government strongly approve of them.

Israel and Palestine

Debate between Andrew Mitchell and Joanna Cherry
Monday 8th January 2024

(10 months, 2 weeks ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Andrew Mitchell Portrait Mr Mitchell
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My hon. Friend is right to identify the agony being felt by so many of the hostages’ families, relations and loved ones. Some 130 hostages remain in Gaza, and we are working closely with more than 20 countries to help to secure their release. It is probably not helpful for me to give a running commentary in the House, but my hon. Friend may rest assured that we are doing everything we can to secure their early release.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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I heard what the Minister said earlier in response to my hon. Friend the Member for Argyll and Bute (Brendan O’Hara) and a Government Back Bencher about the International Court of Justice, but I wonder whether he has had time to read South Africa’s 84-page application—it is rather damning, and some lawyers say it is a strong application. I agree with the Minister that it is for the court, not politicians, to decide whether there has been a genocide. However, if he has had time to look at South Africa’s submission, does he at least agree that it seems, prima facie, that Israel has committed some serious breaches of international law in Gaza, for which it must be held accountable?

Israel and Hamas: Humanitarian Pause

Debate between Andrew Mitchell and Joanna Cherry
Monday 27th November 2023

(12 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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Few of us can imagine the trauma of being permanently displaced from our homes and never allowed to return. Can the Minister reassure the House that Israel will not take land in Gaza, as some Israeli Ministers have threatened to do, and that Palestinians will be allowed back to their homes and lands, particularly given that 1.7 million out of 2.3 million people living in Gaza have been displaced?

Andrew Mitchell Portrait Mr Mitchell
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The hon. and learned Lady is right to talk about the deeply contentious issue of land, but what she says is, as I have understood it, absolutely in accordance with the policy of the British Government.

International Development White Paper

Debate between Andrew Mitchell and Joanna Cherry
Tuesday 21st November 2023

(1 year ago)

Commons Chamber
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Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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The Minister is absolutely right to say that international development and climate change are inseparable, and I commend him for his work in this area. However, many of my constituents have written to me to express frustration about how little the Government are doing at home to attain the sustainable developing goals, and they rightly ask how we can ask other countries to do what we are not doing ourselves. So what does the Minister think I should say to my constituents who are so concerned about the absence of any measures in the King’s Speech against fossil fuels and about tackling poverty at home?

Andrew Mitchell Portrait Mr Mitchell
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The hon. and learned Member will have seen the huge commitment that Britain has made through the Green Climate Fund internationally. I think that we can be very proud of the leadership that we are giving through the green climate fund, of which we are now the co-chair. On UK achievement of the SDGs, she may recall that in 2019 there was an audit of how Britain was doing. Britain came out very well from that audit, and we will of course have a further audit in due course.

Israel and the Occupied Palestinian Territories

Debate between Andrew Mitchell and Joanna Cherry
Tuesday 14th November 2023

(1 year ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Mitchell
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I think we can all agree that revenge is not a policy, but given the appalling events of 7 October, I want to emphasise that the Israeli Government have an absolute right to self-defence.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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The Minister said that the arguments for and against a ceasefire have been fully rehearsed, but the situation in the hospitals and the ongoing slaughter of innocent civilians fleeing the hostilities illustrate that these humanitarian pauses are not working. The difficulty is that our constituents can see this terrible situation unfolding on the television every evening, and that is why they are writing to us in their thousands about it. What they want to know and what I want to know is this: how many more innocent people have to die before the UK Government will support a call for a ceasefire from both sides?

Andrew Mitchell Portrait Mr Mitchell
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The Government and, indeed, Labour Front Benchers have explained why calls for a ceasefire do not work at the moment. We have explained the Israeli Government’s right to self-defence, but also that Hamas have made it clear that not only do they not want a ceasefire, but they want to repeat what happened on 7 October. The position in those circumstances is that, to alleviate human suffering and to progress humanitarian efforts to get supplies in, we should try to develop the humanitarian pause, and that is what we will continue to do.

Occupied Palestinian Territories: Humanitarian Situation

Debate between Andrew Mitchell and Joanna Cherry
Wednesday 8th November 2023

(1 year ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Mitchell
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I recognise that the hon. Member is being supportive in saying that the purpose of the Israeli Government is to free the hostages and deal with Hamas. I am sure this will not be the only occasion when I come to the House to give a statement about both the humanitarian position and also the position throughout Gaza.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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When so many children are being horribly maimed and killed, it really is not naive to call for a ceasefire. That is why so many international voices are calling for a ceasefire, including my friends at the International Bar Association’s Human Rights Institute. They have done that against the background of an assessment that the rules of international humanitarian law have not only been broken by Hamas, but may be being broken by the Israeli Government.

I was very disappointed to hear that the UK Government have not carried out an assessment of whether international humanitarian law is being obeyed on the ground in Gaza. This matters terribly to my constituents, many hundreds of whom have written to me about it. May I suggest to the Minister that if the UK Government fulfilled their obligation to carry out an assessment of whether international humanitarian law is being obeyed on the ground in Gaza, that might change both the UK Government’s mind and the mind of the official Opposition, and make them support a ceasefire now?

Andrew Mitchell Portrait Mr Mitchell
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The hon. and learned Lady is a distinguished lawyer, and she will know that the judgment she is asking the Government to make is not a judgment for Ministers and politicians, but a judgment for lawyers in respect of international law, so I fear that I am not in a position, as a Minister, to give a direct answer to her question.

Oral Answers to Questions

Debate between Andrew Mitchell and Joanna Cherry
Tuesday 24th October 2023

(1 year, 1 month ago)

Commons Chamber
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Andrew Mitchell Portrait Mr Mitchell
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My right hon. Friend is absolutely right about the extraordinary contribution that the CPA makes around the world. We are very anxious to address the issue she has raised and to find a mutually acceptable solution. I hope that this can be done by legislation once parliamentary time allows, but if it is not possible to place it in the King’s Speech, she will know that there are other ways of pursuing the matter.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
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T7.   Do the Government agree that there needs to be a full independent international inquiry into the recent terrible events in Israel and Gaza, with full access to the Gaza Strip as well as Israel? Do the Government agree that the only way forward is a proper process of accountability for those responsible for the commission of any crimes—including war crimes—identified, whether Israeli or Palestinian? Will the Government review their position on the jurisdiction of the International Criminal Court?