Israel and Gaza

David Lammy Excerpts

Monday 20th May 2024 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

I thank the Minister for advance sight of his statement. The conflict has now gone on for 226 days. That is 226 days of destruction; 226 days of Israeli hostages still in chains; 226 days that have led to 35,000 Palestinian deaths; and 226 days where the risk of further regional escalation worsens every day. We will keep repeating our call until it happens: there must be an immediate ceasefire, as this House supported through Labour’s motion and as demanded by the United Nations Security Council resolution. Diplomatic pressure must now go into overdrive to bring the fighting to an end.

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?

[Mr Mitchell]

I start by assuring the shadow Foreign Secretary that the Government’s answer to his final question is, as he would expect, yes. It is worth stating that if one looks carefully at his high-flown oratory this afternoon, we do not see very much distinction between the positions of His Majesty’s Opposition and the Government, as I will set out.

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.