Gaza Border Deaths: UNHRC Inquiry

Emily Thornberry Excerpts

Friday 22nd March 2019 Commons Chamber

[Emily Thornberry (Islington South and Finsbury) (Lab)]

(Urgent Question): Thank you for granting this urgent question, Mr Speaker.

A few days ago, Dr Tarek Loubani came to see me. He is a Canadian who last year was volunteering in Gaza. When the protests began—

[Mr Speaker]

Order. At this stage, the shadow Foreign Secretary simply asks for a statement from the Minister—just a sentence.

[Emily Thornberry]

I do apologise, Mr Speaker. Everything is so topsy-turvy at the moment; I seem to have lost myself.

[Mr Speaker]

Just blurt it out—ask the question. One sentence, for the record.

[Emily Thornberry]

To ask the Secretary of State for Foreign and Commonwealth Affairs to make a statement on the vote at the United Nations Human Rights Council this morning.

[The Minister for the Middle East (Alistair Burt)]

We have all been in the right hon. Lady’s position; I appreciate the question and am happy to respond.

The Government remain deeply concerned about the situation in Gaza. The violence over the past year has been and continues to be shocking, and the loss of life and large number of injured Palestinians are devastating. Since 30 March 2018, more than 23,000 Palestinians have been injured and 187 killed.

We have been clear that the UK fully supports the need for an independent and transparent investigation into last year’s events in Gaza. Our Prime Minister and my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), the former Foreign Secretary, made that position clear to Prime Minister Netanyahu last year, and we continue to urge the Israeli authorities to look into the Israel Defense Forces’ contact at the perimeter fence.

We have repeatedly made clear to Israel our long-standing concerns about the manner in which the IDF policed non-violent protests and the border areas, including the use of live ammunition. We call on Israel to adhere to the principles of necessity and proportionality when defending its legitimate security interests. It is totally unacceptable that Hamas and its operatives have been cynically exploiting the protests for their own benefit. Hamas and other terrorist groups must cease all actions that proactively encourage violence or put civilian lives at risk.

We welcome the fact that the Israeli Military Advocate General has recently ordered five criminal investigations that relate to 11 separate instances of Palestinian fatalities during the Gaza border protests. Those investigations are ongoing. Given the importance of accountability, it is vital that the investigations are independent and transparent, that their findings are made public, and that, if wrongdoing is found, those responsible are held to account.

In May 2018, the United Kingdom abstained on the UN Human Rights Council resolution calling for a commission of inquiry on the basis that the substance of a resolution must be impartial and balanced. We could not support an international investigation that refused to call explicitly for an investigation into the action of non-state actors such as Hamas. This morning, the UK abstained on the item 2 accountability resolution at the 2019 Human Rights Council, which included references to the commission of inquiry report. Although the report looks into Israel’s actions, it is highly regrettable that it did not look comprehensively at the actions of non-state actors such as Hamas.

The perpetual cycle of violence does not serve anyone’s interests, and it must end. The impact of the protests has been severe and catastrophic, particularly on Gaza’s healthcare system. I am considering what more the United Kingdom can do to support those in desperate need in Gaza, and I hope to be able to make a further announcement in the coming days.

The situation in Gaza remains unsustainable, set in the context of a stalled middle east peace process that remains, in the view of the UK, vital to pursue and preserve. A long-term strategy for Gaza itself is desperately needed to improve humanitarian and economic conditions and reduce the restrictions that are damaging the living standards of ordinary Palestinians. Israelis and Palestinians deserve to live their lives in peace and security. It is vital that all parties redouble their efforts to move towards renewed negotiations and the shared goals of peace and a two-state solution.

[Mr Speaker]

I call Emily Thornberry.

[Emily Thornberry]

Thank you, Mr Speaker; I will have another go.

As I was saying, a few days ago, Dr Tarek Loubani came to see me. He is a Canadian who was volunteering in Gaza last year. When the protests began on the border last spring, he went to help the many protestors who had been wounded by gunfire or affected by tear gas. He said that, on 14 May, the situation was relatively calm. He stood chatting to his colleagues 25 metres away from the protestors, wearing his green hospital scrubs. He said:

“We could clearly see the IDF sniper towers…And they could see us”.

When he turned sideways, that was when they shot him—one bullet, through both legs. The paramedic who came to his aid, clearly marked in high-vis clothing, treated his injuries, then resumed his work elsewhere and was shot dead an hour later. That paramedic was one of 189 Palestinians killed during last year’s protests— 35 of them children—while Dr Loubani was one of 6,000 shot by snipers.

The UN report into these actions may have its faults—I accept that, and I agree that it plays down the role of Hamas in orchestrating these protests, but it provides clear and compelling evidence that live ammunition was used in a way that cannot be explained or justified against individuals such as Dr Loubani and thousands more like him. Yet this morning, as the Minister said, the Government have abstained on a resolution endorsing that report, in effect telling the Israeli authorities, “We refuse to find fault with your actions.”

[Alistair Burt]

indicated dissent.

--- Later in debate ---

[Emily Thornberry]

I believe it does. Yesterday, we read the explanation for that decision in an article by the Foreign Secretary, along with the announcement that the UK would vote against all resolutions before the Human Rights Council under standing item 7 of its agenda—even those in line with official UK policy.

I want to ask the Minister about the logic of the Foreign Secretary’s argument. He argues that because item 7 gives disproportionate attention to the situation in Palestine above all other conflicts, on principle the Government will veto all resolutions falling under that heading. By that logic, would it have been this Government’s position to veto all Council resolutions on apartheid, which was a standing agenda item for 26 years, or all Council resolutions on Chile under Pinochet, which was a standing item for 15 years, simply on a point of principle?

Even if we accept that argument, let us look at what the Foreign Secretary says next:

“Britain will continue to support scrutiny of Israel…in the HRC, so long as it is justified and not proposed under Item 7.”

But the report into events in Gaza debated at the Council today is being considered under item 2, not item 7. Surely the Minister cannot deny that its criticism of the use of live ammunition is justified. By the Foreign Secretary’s logic, why have the Government refused to support the report? If Dr Loubani cannot be given justice for the injuries he has suffered and the killing of his colleagues, surely he deserves at least to hear the world, including our country, unequivocally condemn it.

[Alistair Burt]

I am grateful for the right hon. Lady’s remarks, some of which I very much agree with. I also met Dr Tarek Loubani and colleagues from Medical Aid for Palestinians during the week. There is no doubt about his sincerity and the pain that he has experienced in relation to his injuries and the death of his friend. Any encounter with those who have been involved in the actions that resulted from the protests and the move towards the fence brings into sharp relief our discussions, when we confront the reality of what has happened—the loss of life, the life-changing injuries to a child hit by a bullet, a lifetime of disability and the loss of paramedics. Whatever the context of a right to protest and a right to defend, if such things result that is a tragedy, and such actions are shocking and appalling in equal measure. Whatever the context, that cannot and should not be an end result.

In relation to the procedural matters that the right hon. Lady raised, there are two parts to dealing with matters at the Human Rights Council: the vote itself, and the explanation of vote. The United Kingdom has not been alone in abstaining in relation to this accountability, and the votes were spread across the Human Rights Council. There are reasons for both.

The United Kingdom has taken a principled position in relation to item 7 for a period of time. When item 7 was introduced, as my right hon. Friend the Foreign Secretary said, Ban Ki-moon, the then UN Secretary-General, voiced his disappointment, given the range and scope of allegations of human rights violations throughout the world, that there was one specific item relating solely to Israel, and Israel was the only country that faced that. That has been the long-standing concern about item 7. At the same time, we have been at pains to make it clear that when issues came under other items, as with item 2 and this accountability report, the matter would be looked at entirely on its own merits, and we would support those actions that we believed we could.

In relation to this particular matter, at the time the inquiry was set up, we said that because of the nature of the inquiry—it would not be looking at the actions of those who were responsible for taking people to the fence and took some complicit action in relation to what happened—the inquiry could not be even-handed and balanced. That is why we abstained in the first place, and it is why we abstained again. If I may, I should put the explanation of vote that has been given in Geneva on to the record so that colleagues here can read it. It says:

“Our vote today follows on from our position in…2018 when we abstained on the resolution that created the Commission of Inquiry into the Gaza protests. Our expectation is that accountability must be pursued impartially, fairly, and in a balanced manner. We did not and cannot support an international investigation that refuses to call explicitly for an investigation into the action of non-state actors such as Hamas, and we cannot support a resolution that fails to address the actions of all actors, including non-state actors. The UK continues fully to support an independent and transparent investigation into the…events in Gaza. We note the IDF opening potential criminal investigations into a number of cases…But equally we have publicly and privately expressed our longstanding concerns about the use of live ammunition and excessive force by the Israel Defence Forces. Our decision to abstain reflects”—

our concern and our balanced position. That is the reason for it, but it does not stop us calling out those actions we consider to be wrong. We welcome the fact that there will be some criminal investigations, and we wait to see the result of them.