UN Independent Commission of Inquiry (Gaza)

Kerry McCarthy Excerpts

Wednesday 8th July 2015 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure to see you in the Chair, Mr Hollobone, and a privilege to follow the hon. Member for Central Ayrshire (Dr Whitford). I have taken part in many debates on this subject during my 10 years in the House, but hers is one of the most powerful speeches that I have heard, based as it is on her own experience of working in Gaza. I congratulate my hon. Friend the Member for Halifax (Holly Lynch) on securing this debate. She has chosen an incredibly important issue for her first Westminster Hall debate, as evidenced by the turnout today. I do not have time to refer to the many excellent speeches made in this debate, but I will touch on some of the issues that were raised.

Each and every death during this conflict on both sides was a tragedy. The appalling bloodshed underlined once more that there cannot be a military resolution. The only way forward is the diplomatic route and a negotiated two-state solution that recognises the state of Palestine alongside the state of Israel. As such, we welcomed the Egypt-brokered ceasefire last August. If we are finally to end the cycle of violence, we have yet again to ensure that the necessary lessons are learned from this most recent conflict. That includes holding accountable those responsible, and securing access to remedy for the victims.

As we have heard, the UK abstained on the resolution that initiated the commission of inquiry last year. The Foreign Secretary at the time said that the resolution was “fundamentally unbalanced” and would not help to achieve a lasting ceasefire. The UK Government subsequently encouraged all sides to co-operate, but I suspect that the Foreign Secretary’s initial rejection of the inquiry might have undermined the UK’s influence in that regard. It was certainly disappointing that Israel declined to co-operate and that that prevented the commission from investigating Israel’s claims. UK support for the resolution at the Human Rights Council last week, though, was welcome. I hope that the Minister will tell us whether he now feels that the report has made a positive contribution.

The report makes disturbing reading in identifying serious breaches of international law, by both Israel and the Palestinian armed groups, that it warned could amount to war crimes. Last summer the Opposition condemned Hamas’s rocket fire, tunnels and extra-judicial killings, and I reiterate our condemnation. The commission report conveys the sense of fear that the tunnels in particular stoked up among innocent Israelis. Rocket fire, however, by the very nature of such weapons systems, was indiscriminate and in violation of international humanitarian law. We recognise, too, Israel’s right to defend itself, but we agree with the commission that the conduct of Palestinian armed groups does not

“modify Israel’s own obligations to abide by international law”.

In that respect, there were clear differences between the Government and the Opposition last summer. We felt that the Prime Minister had remained silent and should have spoken out when the victims were predominantly civilians, in particular given the number of children killed. We felt that he was too unequivocal in backing Israel’s right to defend itself, despite the disproportionate manner in which it exercised that right. The commission concluded that Israel might have failed to do everything it could to adhere to the three principles of distinction, proportionality and precaution. The implication is that the terrible death toll could have been avoided.

The report documents some of the issues already touched on by other Members: how residential areas were targeted; how strikes came in the evening or at dawn, as families were gathering during Ramadan; how ineffective the roof knocks were as a warning system; and how artillery and mortars with a wide-area effect were used. The report attempts to convey the extent to which Palestinian civilians felt trapped. Even if they had received warnings, there was nowhere obvious for them to flee to where they would be safe, as we have heard. It is difficult to imagine the sense of terror that that would engender in such a densely populated area. There were also distressing allegations that civilians carrying white flags were attacked.

The cumulative impact of all that last year became evident all too soon. The Israel defence forces and/or the Israeli Government failed to re-examine their approach or to alter their tactics. In light of the report, I hope that the Minister will be able to reflect on whether the UK Government, and others, could have done more last year to press Israel to re-evaluate its response to the rocket fire. Does the Minister think that the Prime Minister could have questioned the proportionality, the legality and the morality of Israel’s use of force, and questioned at the time what it would ultimately achieve?

The commission noted that

“Israel’s interpretation of what constitutes a ‘military objective’ may be broader than the definition provided for by international law”.

I hope that that is one of the many findings that the Foreign Office will discuss with its Israeli counterparts, in addition to expressing concerns about such things as Israel’s choice of weaponry. Does the Minister believe that Israel could have done more to uphold those three principles of proportionality, distinction and precaution?

Several Members have touched on the issue of arms export licences. The Government, of course, chose not to suspend any such licences for export to Israel last year and sales have continued over the past few months. Members have no doubt received emails from their constituents concerned that £4 million in arms sales to Israel was approved in the four months following the conflict last year. In light of the commission’s findings, I hope that the Minister will tell us whether the Foreign and Commonwealth Office or the Department for Business, Innovation and Skills intend to review the licences, or Israel’s use of arms sold by the UK. Baroness Anelay, the Minister of State, said in the debate in the other place on Monday that we are “most cautious” when we issue export licences. She ruled out a blanket arms embargo. I will be grateful if the Minister touches on whether a case-by-case arms embargo, or the revoking of certain licences, has been or will be considered.

We cannot neglect the lasting legacy of last summer’s incursion and the humanitarian catastrophe that it triggered. As well as the loss of life, more than 11,000 Palestinians were injured, more than 3,000 of them children. It has been reported that 10% of them suffered a serious disability, and 1,500 children were orphaned. Furthermore, as we have heard, 18,000 homes were destroyed. I will be grateful if the Minister responds to the questions asked about the international support available to the victims of the incursion, about Department for International Development support to UNRWA being cut and about what we are doing to help people in Gaza rebuild their infrastructure and homes.

Looking to the future, the commission acknowledged that its report is only the latest in a long line of inquiries and missions seeking to aid accountability and end violence for the people of Israel and Palestine. The report rightly highlighted that there has been a

“persistent lack of implementation of recommendations”.

With Israel and Hamas already rejecting the report and the US voting against the Human Rights Council resolution last week, how can the international community ensure that the report is not yet another footnote in the history of the suffering of the Palestinian and Israeli people, or that last summer’s incursion was not simply another chapter in the cycle of violence in Gaza, which is doomed to be repeated? I hope that the Minister will be able to tell us how the Government will work with Israel, Palestine, and the Human Rights Council and UN to end the culture of impunity that has prevailed, to support new dialogue and to promote co-operation with the International Criminal Court.

Finally, the commission of inquiry recognised that it could not investigate the events of last summer in isolation; it also needed to look at the west bank. It rightly expressed its concerns about administrative detention, torture and ill treatment. I hope that the Minister will be able to update us on the UK’s discussions with Israel in that regard, on talks to lift the blockade and end the illegal settlements, and on efforts to strengthen moderate voices within Palestine.

[Mr Philip Hollobone (in the Chair)]

If the Minister could conclude his remarks no later than 3.57 pm, that would be appreciated.