Israel and Gaza

Brendan O'Hara Excerpts

Monday 20th May 2024 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Brendan O’Hara (Argyll and Bute) (SNP)]

We are on a very dangerous road if we believe that the rule of law is something from which a Government can pick and choose. Unlike the Government, we very much welcome the decision of the International Criminal Court to issue warrants for the arrest of the Hamas leaders Sinwar, al-Masri and Haniyeh for crimes against humanity and war crimes committed on, and subsequent to, 7 October. We have always unreservedly condemned the appalling Hamas attacks, the murders and the hostage-taking, and we repeat our call for the immediate release of the hostages.

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.

[Mr Mitchell]

The position in respect of the ICC is simply not as the hon. Gentleman set out. The ICC has not done what he suggested; it has done nothing of the sort. He suggested that it had already found the answer to these allegations, but the truth is that the pre-trial chamber needs to consider the evidence, and to then reach a judgment. Let us not jump through all these hoops at once when they are simply not there to be jumped through.

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.