International Human Rights Abuses: UK Response

Debate between Maria Miller and Zarah Sultana

Wednesday 24th January 2024 Westminster Hall

[Zarah Sultana (Coventry South) (Lab)]

It is a pleasure to serve under your chairship, Dame Maria. I congratulate my hon. Friend the Member for Luton North (Sarah Owen) on securing this important debate.

I would like to talk about the Government’s response to Israel’s violations of international law in Gaza and about revelations that I believe should be a major news story but that, as far as I am aware, have been covered by only one mainstream outlet. They relate to recently released court documents that reveal that, from very early on in the war, the Foreign Office had major doubts about Israel’s compliance with international law—a fact the Government have hidden.

The documents show that, on 10 November, just a month into the war, the Foreign Office had made an internal assessment of Israel’s compliance with international law and judged that

“the volume of strikes, total death toll as proportion of those who are children, raise serious concerns.”

It went on to say that His Majesty’s Government’s

“inability to come to a clear assessment on Israel’s record of compliance with IHL poses significant policy risks.”

However, those serious concerns were kept secret from Parliament and the public.

Instead, Ministers continued to give reassurances about Israel’s commitment to international law. For example, just four days after that assessment was made, I asked the Minister of State, Foreign, Commonwealth and Development Office, the right hon. Member for Sutton Coldfield, in the main Chamber whether Israel had used British-made weapons for war crimes in Gaza. He replied that

“the President of Israel…has made it clear that his country will abide by international humanitarian law.”—[Official Report, 14 November 2023; Vol. 740, c. 523.]

That was despite the fact that, as shown by these documents, his Department doubted the Israeli President’s words.

The documents reveal that another assessment was made by the Foreign Office on 8 December, expressing “concerns regarding” Israel’s

“commitment to comply with the obligation not to arbitrarily deny access to humanitarian assistance”

and saying that it was “possible Israel’s actions” in relation to the provision of humanitarian relief

“were a breach of International Humanitarian Law.”

Those damning judgments were, again, not made public. Instead, Government Ministers continued to reassure the public about Israel’s commitment to international law, and they continue to do that.

The documents show that, a few days after that assessment, the Foreign Secretary

“decided he was satisfied there was good evidence to support a judgment that Israel is committed to comply with International Humanitarian Law.”

On that basis, he continued allowing arms sales to Israel, despite the fact that, according to our Government’s policy and international law, arms export licences should not be granted if there is a clear risk that they could be used in violation of international law. That recommendation was accepted by the Business Secretary on 18 December, and arms sales to Israel were allowed to continue.

When questioned about these matters at the Foreign Affairs Committee this month, the Foreign Secretary failed to disclose the fact that his Department had carried out a formal review of Israel’s compliance with international law, and he denied that he had made a ministerial decision about allowing arms sales to continue. Members will be unsurprised to learn that the Chair of that Committee is writing to the Foreign Secretary to ask him to clarify his comments.

What does this tell us? First, it tells us that, early on in the war, the Foreign Office had serious concerns about Israel’s breaches of international law. Secondly, it tells us that Ministers hid that fact, pretending in Parliament and in the media that they had confidence in Israel’s commitment to international law. Thirdly, it tells us that we should have absolutely no confidence in the Government’s arms export licensing regime, which Ministers boast consists of

“the toughest regulations anywhere in the world”—[Official Report, 27 November 2023; Vol. 741, c. 565.]

but which are clearly grossly inadequate.

To finish, I would like to ask some questions of the Minister. Why did Foreign Office Ministers not reveal that their Department had serious concerns about Israel’s behaviour from as early as 10 November? Was that because they wanted to give Israel the green light for its bombardment of Gaza and they thought that revealing this assessment would simply make that too hard? Why did the Foreign Secretary recommend continuing with arms sales to Israel even though his Department had those concerns? Was it because this Government are too cowardly to stand up for international law, or is it because they do not care about international law when it does not suit them? Finally, will the Government comply with their own rules and with international law and the basic humanity at the heart of it and stop arming Israeli war crimes?

[Dame Maria Miller (in the Chair)]

I call Alyn Smith.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between Maria Miller and Zarah Sultana

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[Zarah Sultana (Coventry South) (Lab)]

As I am making the final Back-Bench speech, I will not be taking any interventions—apologies.

On 12 February 1989, Pat Finucane, an Irish lawyer in Belfast, sat at his kitchen table to have dinner with his wife and three children. As they ate, two gunmen burst through the door, entered the room and shot Mr Finucane 14 times. He was killed by a loyalist paramilitary group that, as the Prime Minister at the time, David Cameron, admitted in 2012, was acting in complicity with British security services. Far from stopping Mr Finnigan’s murder, the Prime Minister described the

“shocking levels of state collusion”—[Official Report, 12 December 2012; Vol. 555, c. 296]

in Mr Finucane’s murder. His family are still owed a public inquiry into the murder.

Deeply troubling acts of state agents such as those in the Finucane case are not isolated. In 2010, it came to light that for 40 years, Britain’s police had run covert operations spying on thousands of civilians. More than 1,000 political groups were spied on. Overwhelmingly, it was left-wing, anti-racist and climate justice groups that were spied on, with just three far-right groups included on the list. The spy cops revelations have shown that police operatives deceived women into sexual relationships and even spied on grieving families seeking justice, including the parents of Stephen Lawrence.

This Bill must be opposed. It places no limits on the crimes that state agents can be authorised to commit. It does not prohibit torture. It does not prohibit murder. It does not prohibit sexual violence. Instead, all it requires is that authorising officers themselves believe that the conduct is appropriate, necessary by broadly defined criteria and meets requirements that may be imposed by an order made by the Secretary of State. Even the FBI expressly bans operatives from certain criminal conduct, but this Bill does not ban any type of criminal conduct for British state agents.

The grounds upon which the authorisations can be granted are ill-defined and wide-ranging. They include not only national security but “preventing disorder” and to promote

“the interests of the economic well-being of the United Kingdom.”

That has rightly raised alarm bells for trade unions such as my union, Unite, and justice campaigns such as the Orgreave Truth and Justice Campaign, who fear that these powers could be used to interfere with the legitimate activities of trade unions.

The Bill grants these powers to a dizzying array of agencies—not just intelligence agencies and the police, but the Competition and Markets Authority, the Gambling Commission and the Environment Agency, just to name a few. The oversight for authorisation of potentially serious crimes is scandalously weak. There are no provisions in the Bill for warrants or independent judicial approval. Instead, authorisation will be granted internally, which means that incredibly serious crimes could be authorised with less oversight than is currently required for phone tapping or police searches. As the human rights group Reprieve has noted, survivors of the spy cops scandal have sought justice through the courts for abuses they suffered, but this Bill will block future claims being brought forward, since it outlaws civil action against authorised activities. That is utterly unconscionable.

In the Bill’s defence, the Government claim that public authorities are bound by the Human Rights Act, and for that reason, the prohibition of crimes such as torture is guarded. In reality, that offers no protection against agent criminality, because in the Government’s view, the Human Rights Act does not apply to crimes committed by covert agents. The Government told the Investigatory Powers Tribunal in November 2019 that, in tasking agents, the state

“is not the instigator of that activity and cannot be treated as responsible for it”.

According to the Government’s own standards, the Bill will therefore not place any limits on the crimes that agents could be authorised to commit—not on torture, not on murder and not on sexual violence.

[Mrs Miller]

Will the hon. Lady give way?

[Zarah Sultana]

I must make progress.

This Bill marks the latest step in a frightening descent into authoritarianism by this Government. In the past two weeks, they have proposed the effective decriminalisation of torture by British soldiers overseas, the shipping of asylum seekers more than 4,000 miles away to be imprisoned on Ascension Island, the ban on anti-capitalist teaching materials in schools and now this—licensing undercover agents to commit torture, sexual violence and murder. This descent into authoritarianism should be a concern to us all. It must be resisted.