UN Independent Commission of Inquiry (Gaza)

Philip Hollobone Excerpts

Wednesday 8th July 2015 Westminster Hall

[Holly Lynch (Halifax) (Lab)]

I beg to move,

That this House has considered the report of the UN Independent Commission of Inquiry on the 2014 Gaza conflict.

[Mr Philip Hollobone (in the Chair)]

Order. There is clearly a lot of interest in this very important debate, and it will be nearly impossible to get a quart into a pint pot this afternoon. At least 17 Members would like to speak. I will try to make sure that they all get a chance, but it simply will not be possible for me to do that if Members decide to intervene on each other during the debate. I know that is unfortunate, but to ensure that everyone has a chance to speak, please do not intervene on other Members, then you will all get your say. Speeches are likely to be able to last no more than two or three minutes if everybody is to contribute to the debate.

[Holly Lynch]

May I say first, Mr Hollobone, how delighted I am that you are joining us to chair the debate? I am pleased that time has been found for it, and I thank everyone who has joined us in Westminster Hall to take part.

I also thank a number of campaign groups, non-governmental organisations and think-tanks that have met me this week to help shape some of the arguments I am about to make: Labour Friends of Palestine; Palestine Briefing; Yesh Din; Medical Aid for Palestinians; the Euro-Mediterranean Human Rights Network; Forward Thinking; Pierre Krähenbühl, the commissioner-general of the United Nations Relief and Works Agency; and Ray Dolphin from the UN Office for the Co-ordination of Humanitarian Affairs.

I start by saying how pleased I was that last week Britain was one of the 41 countries at the United Nations Human Rights Council in Geneva to support the adoption of a resolution on the Gaza commission of inquiry report, which looked into the 2014 Gaza conflict and will now be referred to the UN General Assembly and the Office of the High Commissioner for Human Rights. Like many other people, I feel that is an important step in both highlighting and addressing the ongoing conflict, which has blighted lives for more than half a century. It is shameful that the international community has failed to make any real progress towards achieving peace in the region in that time.

Today marks a year since Israel launched Operation Protective Edge in Gaza, a conflict that lasted 51 days, claimed 2,251 lives, including the lives of 551 children, displaced more than half a million people, and destroyed 77 health facilities and 261 schools. Each day, an average of 680 tank and artillery shells pummelled the densely populated areas of Gaza, leaving barely anywhere safe. Although the report recognises that Israel issued warnings to people to evacuate, there was often nowhere for them to evacuate to and no means of escaping the conflict zone.

Gaza is a tiny strip of land, covering just 139 square miles. If we bear in mind that West Yorkshire alone covers 780 square miles, it gives us some perspective of just how small Gaza is, yet 1.8 million Palestinians live in what is increasingly becoming a densely populated open-air prison, and they have nowhere to go. In 2012 the World Bank published a report, “Gaza 2020”, which claimed that Gaza would become uninhabitable by 2020 as a result of the blockade, an increase in population size, and insufficient access to clean drinking water, electricity, and health and education services. After last year’s devastation, Gaza has reached 2020 five years ahead of schedule.

Currently, 860,000 Palestinians in Gaza survive on UNRWA food parcels. In addition to the destruction of health facilities, schools and homes, there has been massive disruption of water supplies, sewage disposal and electricity supplies, and they have not yet been repaired. One year on, not one of the 8,377 homes that were totally destroyed in the conflict has been rebuilt, and repairs have been carried out on only 5% of the 23,597 homes that were partially destroyed.

Much of the aid pledged at last year’s Cairo conference for reconstruction in Gaza has not yet materialised, and I hope that the Minister can update us about the UK’s contribution. The UN requested $720 million, but it has received only about $210 million. UNRWA faces a severe funding crisis, as it has a deficit of $100 million, which of course is having a serious impact on its ability to deliver essential humanitarian aid.

I hope the Minister can also say why, at a time of such turmoil in the middle east and when institutions such as UNRWA are delivering vital aid and support to vulnerable communities, the Government are proposing a 17% cut in the Department for International Development’s contribution. Given the fragility of the region, the mass displacement of people and, of course, the rising threat of terrorism, it is in our own interests to invest—both politically and financially—in bringing about a stable middle east, to ensure that Palestinians have a future within their own borders.

There is, of course, one glaringly obvious way in which we can ensure the effectiveness of UK taxpayers’ money when it is spent in Palestine, with a view to achieving long-term reductions. That is to stop Israel levelling projects funded by the EU, DFID and UNRWA, and institutions that are part-financed by Britain. Earlier today, the Chancellor announced, with renewed vigour, further cuts in and scrutiny of public spending. I would like to see the Government apply the same level of scrutiny and accountability to the destruction of those buildings and projects in Gaza. Perhaps the Minister will update us on that and say whether he will send Israel a bill for the damage.

We must consider what cuts might mean for Palestine at this time. UNRWA provides schooling to 500,000 students across the middle east in 700 schools, but it will be unable to do so if its current financial deficit continues. At a time of rising militancy in the region, we have to ensure that young people have access to a good education and have a future beyond schooling. Otherwise, they will inevitably look elsewhere for promises—false ones—of a better life.

UNRWA’s commissioner-general, Pierre Krähenbühl, said in an interview just last week:

“Palestinian refugees are facing their most severe situation since 1948. They have had 50 years of occupation, nine years of a blockade in Gaza and now five years of conflict in Syria. When you look at all of that, how much more can they absorb?”

That is a stark warning to all of us.

Of course, the UN inquiry will investigate actions undertaken by both sides, which is right and proper. Acts of violence committed by either side against innocent civilians are wholly unjustifiable, and those responsible must be held to account. Although the report finds that both the Israel defence forces and armed Palestinian groups failed to distinguish adequately between civilians and combatants during last year’s conflict, the scale of the arsenal available to the IDF makes their failure particularly devastating.

The commission’s report highlights the IDF’s method of issuing warnings, in an attempt to create “sterile combat zones”, as an example of the failure to differentiate adequately between civilians and combatants. Leaflet drops or “roof knocks”, which involved a drop of small missiles prior to a much larger strike, were used to warn civilians of an impending attack. The commission found that those attempts failed to have the desired effect, either because there was not enough time between warnings and the much larger strikes, or because, as was often the case, civilians felt that there was simply nowhere safer for them to evacuate to. The IDF then failed to recognise anyone who chose to stay in the area as a civilian, denying them the protections that would ordinarily accompany civilian status under international law.

The commission’s report also looked at the west bank during the same period in 2014. Between 12 June and 26 August 2014, 27 Palestinians, including five children, were killed and 3,100 Palestinians were injured by Israeli security forces. That was largely due to increased use of live rounds as a means of achieving crowd control.

The commission’s report calls on Israel to bring its systems for investigating alleged violations of the law of armed conflict in line with international standards, and I hope that the UK will also take this opportunity to demand that. The examples that I have given must be the basis upon which we find ways to bring about change. We would be naive to think that these injustices are not feeding into a rise in militancy and unrest right across the region, as well as much closer to home.

Gaza has been under blockade for eight years, and the Palestinian people have been living under Israeli occupation for almost 50 years. That is a damning indictment of the international community, and of our failure to secure peace and justice for the people of Palestine. It is now 21 years since the Oslo accord, and an entire generation of young Palestinians—the Oslo generation—have grown up to witness a worsening situation on the ground. There have been significant expansions of illegal Israeli settlements in the west bank, heightened security threats to both sides, the construction of an illegal separation barrier, restrictions on Palestinian movement, the suffocation of productivity, punitive home demolitions and a humanitarian crisis in Gaza, and there is no end or hope in sight. It is depressing that, 21 years since Oslo, both sides seem to be further away from peace and security than ever before.

I welcome Britain’s support for the commission of inquiry on Gaza. However, although the report identifies in great detail the violations against international law and makes recommendations about addressing those, it also recognises that we have been here before, time and again. The empty rhetoric about opening dialogue and, increasingly, getting round negotiation tables has now been ongoing for more than 50 years. It is time to think carefully about why the international community has failed and time to consider all the options available to us, to ensure that we are not still sitting here in five, 10 or 20 years’ time, discussing yet more reports on further conflict.

That leads me on to what the UK could do, unilaterally if we must, to take concrete steps towards peace. We have condemned the illegal settlements in the west bank, as well the collective punishment inflicted on the civilian population of Gaza, in breach of the Geneva convention, which has been described as a war crime by the EU, the Red Cross and the UN. However, we simultaneously continue to trade freely with Israel. We support the commission’s report, which outlines the deaths of innocent civilians in both Gaza and Israel, yet we continue to export arms to Israel.

I am aware that the Government are reviewing the sale of arms to Israel case by case, but in the context of the conflict, surely even the most limited attempts at evaluating risk would conclude that the potential risk of a breach of international humanitarian law would be too high, and that arms should not be changing hands. According to the EU code of conduct on arms exports:

“Member States will not issue an export licence if there is a clear risk that the intended recipient would use the proposed export aggressively against another country or to assert by force a territorial claim.”

Yet following the brutal conflict last year, Britain has approved new arms licences for Israel of up to £4 million. Furthermore, The Independent newspaper reports that the Government also approved arms exports to Israel worth nearly £7 million in the six months prior to Operation Protective Edge. Does the Minister agree that turning a blind eye to violations of international humanitarian law when an arms deal is on the table undermines our standing in the world and begins to compromise our integrity?

A new approach to diplomacy must be based on the protection of civilians, on equal respect for the human rights, security and sovereignty of both Israelis and Palestinians, and on the realisation and implementation of international law, beyond just the rhetoric. It is not enough to focus exclusively on negotiations while failing to hold Israel accountable for violating international humanitarian law. In 2010, on a visit to Turkey, the Prime Minister said:

“Everybody knows that we are not going to sort out the problem of the Middle East peace process while there is, effectively, a giant open prison in Gaza”,

and called for an end to the blockade, to allow a free flow of humanitarian goods and people. Five years later, under the stranglehold of an eight-year blockade, the situation in Gaza is still precarious and, indeed, worse. I welcome the remarks just days ago by the Minister responsible for the Middle East, who is in his place:

“The UK supports EU efforts to develop options for easing movement and access into and out of Gaza. This includes the possibility of EU assistance in establishing a sea-link from Gaza to another international port. The UK and EU have consistently called on the Government of Israel to ease movement and access restrictions, and will continue to do so.”

I hope that we all support him in making that a reality, beyond the rhetoric.

The crisis in Gaza must be understood in a wider context of a 48-year illegal occupation of Palestine. It is essential that the UK and the wider international community are honest brokers for peace and take practical steps towards addressing the root causes of the conflict, starting by ending the illegal occupation of Palestine and ensuring that Palestinians are able to enjoy their basic human rights and freedoms.

Some 64% of Gaza’s population is under the age of 25. The report recognises that, without any economic horizon or sustainable productivity, there is an inevitability about the cycle of conflict and unrest. That will serve neither Israel or Palestine, so it must be addressed. I am proud that the Labour party supported the motion last year to recognise a state of Palestine. Surely that would be an easy starting point.

In 2012, 135 countries voted in favour of Palestinian statehood at the UN General Assembly. Last year, a number of EU member states also voted in their Parliaments in support of recognising a Palestinian state. The argument that the recognition of a Palestinian state should come at a time that is deemed suitable is hollow. Israel should have no right of veto over the right of Palestinians to self-determination. Recognising Israel was not subject to negotiation, and recognition of Palestine should not be either.

We can and should do more with our European partners to hold to account those who commit violations of international law and to promote endeavours such as this report, which is a welcome first step. I hope that the Minster will consider and respond to some my proposals.

[Several hon. Members]

rose—

[Mr Philip Hollobone (in the Chair)]

Order. I am going to be the most unpopular person in the Chamber, because I am only going to be able to allow Members to speak for two and a half minutes, so all their 30-minute speeches will have to be severely condensed. That way, everybody who stood will get to speak. We have three Front-Bench speakers, under the new arrangements—from the Scottish National party, Labour and the Government —and their speeches will start as near to 3.30 pm as possible. Leading us with the first two-and-half-minute speech is Bob Blackman.

--- Later in debate ---

[Imran Hussain (Bradford East) (Lab)]

I, too, am grateful to my hon. Friend the Member for Halifax (Holly Lynch) for securing this important debate.

The report makes clear the scale of the mass slaughter committed during last year’s war on Gaza, and the escalation of violence and disregard for life perpetrated by all involved. I am deeply concerned that those events, and the failure of Israel in particular to engage with the investigation into them, pose a great challenge to the chance of finding a peaceful solution to the conflict.

Let us be clear; the actions last year of the Israeli Government and their armed forces were criminal and murderous. They were committed with a complete disregard for the taking of civilian lives, including those of hundreds of women and children. The report is absolutely clear about that. Israel showed a callous disregard about who was being hit by its bombs, and that was emphasised by the fact that it did nothing to modify its behaviour when the results were evident to all.

The question that I want to ask, which I think is central to the debate, is why the Israeli Government are allowed constantly to flout international law and UN motions. Why are they allowed to act with impunity, not just in this case but in the illegal land grabbing on the west bank? The fact that they refused even to engage with the investigation speaks volumes about how they continually ignore international law. It is time for that to end. It is time that Israel was held accountable for its actions and those of its military.

The events of last year were, as the report makes clear, a worrying escalation with attacks by Israel on residential buildings resulting in the deaths of entire families, ground operations that levelled urban neighbourhoods, and a continued land grab. That escalation could happen precisely because Israel regards itself as somehow adjacent to international law.

The report makes some critical recommendations, in particular with respect to international human rights, but none of them will mean anything if they are not adhered to. Prosecutions, convictions and punishments must be applied, and must not stop with the individual soldiers involved; they must include those who are responsible for giving the orders, and the military and political establishment. Israel should address all the issues that fuel the conflict and impede respect for human rights. In particular, it should lift the blockade on Gaza and stop building illegal settlements.

[Mr Philip Hollobone (in the Chair)]

Order. We have had contributions from 18 Back Benchers. We now move on to the Front-Bench speeches. Unfortunately, I am unable to time-limit the Front-Bench speeches, but the clock will be set for nine minutes. If you all speak for nine minutes, that will allow Holly Lynch three minutes to complete the impossible task of summing up the debate.

--- Later in debate ---

[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.