Israel and the Occupied Palestinian Territories

Imran Hussain Excerpts

Wednesday 12th February 2025 Westminster Hall

[Brian Leishman (Alloa and Grangemouth) (Lab)]

I beg to move,

That this House has considered the International Court of Justice Advisory Opinion on Israel and the Occupied Palestinian Territories.

It is an honour to serve under chairship today, Dame Siobhain. It is also an honour to bring this debate to Westminster Hall, and I am delighted to see so many parliamentary colleagues in attendance. With that being the case, I am not planning to take up my full allotted 10 minutes, as there is obvious enthusiasm among Members to participate in the coming hour. There are many colleagues here who have been passionate campaigners for justice for many years, and I would like to hear as many speeches as possible this afternoon.

On 19 July 2024, the International Court of Justice delivered its advisory opinion in respect of the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territories, including East Jerusalem. The ICJ was clear that Israel’s occupation, annexation and continued presence in the Occupied Palestinian Territories is unlawful, and that Israel is under an obligation to end its unlawful presence in the OPT as rapidly as possible, with the evacuation of all settlers from existing settlements. The Court built on the determination that Israel has committed systemic violations of international humanitarian law by recognising that Israel has permanently acquired territory by force and suppressed the right of Palestinians to self-determination.

When the Minister rises to speak later in this debate, can he confirm that the Government agree that the occupation is illegal, and that they will call on Israel to comply with the ICJ and demand an end to the occupation? While the UK has called for an end to settlement expansion, do the Government agree that Israel must comply with the ICJ and not only stop settlement expansion but evacuate settlers from Palestinian land?

[Imran Hussain (Bradford East) (Lab)]

I congratulate my hon. Friend on securing this very important and timely debate. He is absolute right to point out that this is perhaps the most substantial advisory opinion on Israel’s illegal occupation of the Palestinian territories, which makes it clear that settlements are illegal, as is Israel’s ongoing expansion of them, and settlement goods are illegal, as is the import of them. Does my hon. Friend agree that this places a particular and clear obligation on our Government to act immediately and abide by international law?

[Brian Leishman]

I am in complete agreement with my hon. Friend, and I pay testament to the work he has done to bring this issue to Parliament in the primary Chamber. I would also appreciate it if the Minister could explain why—to quote the UK ambassador to the UN—we supported

“the central findings of the ICJ’s Advisory Opinion”,

but then abstained at the UN general assembly on 18 September 2024, where an overwhelming majority of nations supported the ICJ’s advisory opinion? They demanded that Israel brings to an end, without delay, its unlawful occupation within no more than 12 months’ time, by 18 September 2025.

Israel has developed and maintained its settlements through the forced removal and displacement of Palestinians. The Court’s opinion is that Israel has the obligation to make

“reparation for the damage caused…to all natural or legal persons concerned”

in the Occupied Palestinian Territories.

--- Later in debate ---

[Calum Miller (Bicester and Woodstock) (LD)]

It is a pleasure to speak with you as our Chair, Dame Siobhain. I thank the hon. Member for Alloa and Grangemouth (Brian Leishman) for securing this important debate, which he introduced with clarity and power. I also thank other right hon. and hon. Members who have spoken—it has been a passionate and compelling discussion.

Liberal Democrats have long argued that the UK should uphold the rule of law and the role of international institutions in our foreign policy, as my hon. Friend the Member for Honiton and Sidmouth (Richard Foord) argued in this debate. The post-1945 rules-based order was forged by Churchill and other leaders and has endured until now. It not only holds moral weight but is in the interests of democracies such as the UK. For that reason, we believe that, as a member of both, the UK should observe the opinions and judgments of the International Court of Justice and the International Criminal Court.

We think it is irresponsible for Conservative Members to say, as they often do in the Chamber, that those are foreign courts. They may be located overseas but they have legitimate jurisdiction over the UK because previous Governments, both Conservative and Labour, have consented to that. Trying to portray them as a threat to UK sovereignty is not only false but damaging, as it reduces the likelihood of other states accepting their jurisdiction.

[Imran Hussain]

The hon. Gentleman is making a pertinent point about the international, rules-based order. We see that the International Court of Justice is investigating genocide but states are acting as though it is not; we have seen the International Criminal Court threatened directly by the most powerful country in the world; and we see international hypocrisy and double standards like we have never seen before. Surely the international, rules-based order is not only collapsing but dying before our eyes, if the UK Government and others do not act now.

[Calum Miller]

The hon. Member makes a powerful point to which I am sure the Minister will wish to respond.

Members such as my hon. Friend the Member for Lewes (James MacCleary) have been right to recognise the terrible level of violence that we have seen over the 16 months since the atrocities committed by Hamas on 7 October. We are moved to tears and anger when we hear of the deaths of infants in tents and hospitals in Gaza. At the same time, we are shocked and appalled to see the emaciated state of hostages such as Eli Sharabi as they are released from Hamas captivity in a gruesome pageant. There has been inhumane cruelty towards innocent civilians. That underscores why the rule of law matters. The ICC is right to consider cases against leaders on both sides. The UK should enforce these warrants.

It has been impossible for us to consider the ICJ opinion today without reference to the proposals for Gaza put forward by President Trump last week, as my hon. Friend the Member for St Ives (Andrew George) highlighted. Since 5 November, Liberal Democrats have pointed out that President Trump would be unpredictable, and that the UK needed to put itself in a position of strength so as not to get swept into the chaos that the new resident of the White House would unleash.

Since the ICJ’s opinion was delivered in July 2024, the situation in the Occupied Palestinian Territories has worsened appreciably. Northern Gaza has been flattened and its citizens placed under displacement orders. Gaza is today riddled with unexploded ordnance, even as Palestinians return home under the fragile ceasefire. In the west bank, settlement expansion has continued, and the Israel Defence Forces have continued arbitrarily to detain Palestinians and protect illegal settlements. The Israeli Knesset has outlawed the United Nations Relief and Works Agency. Extremist members of the Israeli Cabinet have continued to call for the annexation of the west bank, and welcomed President Trump’s suggestion that Palestinians be forced from Gaza, yet the ICJ’s opinion is clear. It creates obligations on other states, including the UK, which include supporting the Palestinians’ right to self-determination, taking steps to prevent trade or investment that assists in maintaining the illegal situation, and not rendering aid or assistance that maintains the situation.

In response to that call, Liberal Democrats have repeatedly called on the Government to take the following steps: legislate to cease trade with illegal settlements in the occupied territories; sanction those who advocate illegal settler expansion or violence by settlers towards Palestinians, in particular Minister Smotrich and former Minister Ben-Gvir; restrict all arms sale to Israel, including component parts for F-35 aircraft, since those have been used against Palestinians in the occupied territories; and immediately recognise the state of Palestine. Ministers have repeatedly refused to take those steps—