Conflict in Gaza

Rachael Maskell Excerpts

Thursday 20th March 2025 Commons Chamber

[Mr Lammy]

I condemn any attempts to annex Gaza or the west bank. I know that the right hon. Gentleman has raised this issue in the past. It would not be appropriate for me to comment on operational military matters, but I have been absolutely clear about our assessment. Under the legislation that he and I supported when it was put through this House under the last Government, the assessment is about there being “a clear risk” of a breach of international humanitarian law. I remind the House gently, as a lawyer, that that assessment of a clear risk is a low standard, but on the assessments that I have seen and continue to see, that is my assessment. I therefore think the right hon. Gentleman should be comforted that we are not assisting in what we are seeing in Gaza.

[Rachael Maskell (York Central) (Lab/Co-op)]

May I correct my right hon. Friend when he uses the words “both sides”, since neither the Israeli Government nor Hamas represent the interests of the Palestinian people? We need to recognise that they do not have the voice necessary to bring them the protection that they need. However, I want to raise the definition of genocide. Many times, my right hon. Friend has rightly said from the Dispatch Box that it is for the courts to determine whether or not a genocide has been committed. Can he say what efforts he has made to ask the courts to make such a ruling?

[Mr Lammy]

As my hon. Friend probably knows, I meet from time to time with those who lead our international humanitarian law architecture, including the International Criminal Court in particular and the International Court of Justice. These are constitutional matters for them, and we must stand by the separation of powers, and therefore it is right that they get on and do their proper work. We as politicians make our judgments, but we are not courts. We cannot pronounce that from this Dispatch Box—certainly not on behalf of a Government. In a free democracy, Back Benchers are of course free to say whatever they feel in this House, and that is proper, but speaking on behalf of a Government, it must be right that courts make these determinations.