Israel and the Occupied Palestinian Territories

Siobhain McDonagh Excerpts

Wednesday 12th February 2025 Westminster Hall

[Several hon. Members rose—]

[Dame Siobhain McDonagh (in the Chair)]

Order. I remind Members that they should bob if they wish to be called in the debate. Please do not take that to be a promise. As everybody can see, a lot of people want to speak. We will endeavour to get through everybody, as is our hope. At the moment, we think the limit is around two minutes, but should it prove necessary to change that, I will let people know.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Alloa and Grangemouth (Brian Leishman) for setting the scene. I have a different opinion from other hon. Members, but I respect their point of view and I hope that they will respect mine.

I am, and always have been, a steadfast friend of Israel. My commitment to the state of Israel is rooted in its right to exist as a secure and democratic homeland for the Jewish people. For me, that principle is non-negotiable. I hope that my remarks will reflect both my empathy and my unwavering belief in Israel’s right to defend itself.

The ICJ measures, initiated by South Africa, reflect a deeply flawed and one-sided interpretation of international law. Israel has a sovereign right, indeed a duty, to protect its citizens from the barbaric terrorist organisation Hamas. The petitioners in this case conveniently ignore Hamas’s atrocities: their deliberate targeting of civilians; the massacre of innocent men, women and children; and the use of Palestinian civilians as human shields.

I support the principle of a two-state solution, but let us be clear that peace cannot co-exist with Hamas’s continued aggression. Every time Israel has made significant concessions, whether during the Oslo accords or the unilateral withdrawal from Gaza in 2005, it has been met with an escalation in violence and not with peace. If Hamas retains power, Palestine will be a failed state from the outset—one that continues to launch rockets into Israel’s towns and incite hatred against Jews worldwide. Peace will be possible only when the Palestinian leadership prioritises economic stability and co-existence over terrorism and destruction. A weakened Israel emboldens its adversaries, most notably Iran, Hezbollah and radical Islamist movements. Those entities do not simply wish for an end to Israel’s military operations; they desire Israel’s total annihilation.

The ICJ may issue opinions, but it is not infallible. We must challenge rulings that fail to acknowledge Israel’s security needs, excuse Hamas’s barbarism and seek to delegitimise a nation’s right to exist. The UK must continue to stand shoulder to shoulder with Israel, not just in words but in actions. That is my point of view, and I hope other Members will respect it, as I will respect theirs.

[Dame Siobhain McDonagh (in the Chair)]

I clarify that I am imposing a hard two-minute limit, so I will ask hon. Members to sit down if they go over it.

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[Several hon. Members rose—]

[Dame Siobhain McDonagh (in the Chair)]

Order. I apologise for this, but a desire to get everybody in means that I am now reducing the time limit to one minute.

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[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

It is a pleasure to serve under your chairship, Dame Siobhain. I congratulate my hon. Friend the Member for Alloa and Grangemouth (Brian Leishman) on securing this important debate.

Last week, barrister Sam Fowles warned parliamentarians of the real risk that the UK could be in breach of international law. Given the International Court of Justice’s advisory opinion that Israel’s occupation of Palestinian territory is unlawful and given the UK’s membership of the UN, the Government must impose sanctions on Israel to undermine its illegal occupation.

Israel is on trial for genocide, so the current partial suspension of arms licences must go further. I say it again: the UK must impose an immediate and total ban on arms export licences. Furthermore, although the Government acknowledge the illegality of Israeli settlements, they continue to import goods from them. Illegal settlement products should not be regarded as Israeli goods and should be banned from entering the UK. With the US Administration openly calling—

[Dame Siobhain McDonagh (in the Chair)]

Order. I ask the hon. Member to sit down. I apologise—I know that he waited a long time to make his contribution. I call the Liberal Democrat spokesperson, who has five minutes.

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[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—

[Dame Siobhain McDonagh (in the Chair)]

Order. I do not have the power to tell you to stop, but if you would not mind coming to an end, that would be good.

[Calum Miller]

I shall, of course. I am sorry, Dame Siobhain; I was taking account of the intervention. I shall be very brief.

I am most frustrated by the consistent refusal by Ministers to recognise Palestine. If the Government are serious about working with all partners to restore a pathway to a two-state solution, that cannot happen when only one party enjoys state recognition. Failing to act empowers the extremists on both sides. The time has come to recognise the state of Palestine.

[Wendy Morton (Aldridge-Brownhills) (Con)]

It is a pleasure to serve under your chairmanship, Dame Siobhain. I commend the hon. Member for Alloa and Grangemouth (Brian Leishman) for securing the debate.

We continue to follow developments stemming from this case at the ICJ carefully, and note that the ICJ itself has been far from unanimous about the advisory opinion. We understand that the Labour Government’s position is that they agree with the central findings of the ICJ’s advisory opinion, but will the Minister tell us whether he thinks that such court cases are an effective way to try to bring about peace between Israelis and Palestinians, and will he be clear that under no circumstances should we draw any kind of moral equivalence between Hamas and the democratically elected Government of Israel?

Let me address the immediate situation in Israel and Gaza, which remains extremely fragile. The announcement by Hamas that they are postponing hostage releases will be a cause of concern and anxiety for the families of the hostages, and all who care about their appalling captivity. Will the Minister explain what direct engagement our Government have had with the Israeli Government, the US Administration and our partners in the region in response? The hostages held in horrific and inhumane conditions in Gaza must be returned to their loved ones, both in accordance with the terms of phase 1 of the ceasefire and in the subsequent stage. We have been relieved to see the release of the hostages freed so far under the agreement, including British Israeli national Emily Damari. I sincerely hope that all those who have been freed from captivity can now begin to rebuild their lives after the most unimaginable trauma—and nobody should doubt that trauma.

We have all seen the shocking scenes of hostages being paraded by Hamas prior to their handover, and the shocking images of the release of Or Levy, Eli Sharabi and Ohad Ben Ami on Saturday. We must also acknowledge the tragic death of 86-year-old Shlomo Mansour, who we now understand was killed during the appalling Hamas attacks on 7 October. His body has been held hostage in Gaza. We think today of his family and friends at what must be an unimaginably distressing time. The hostages who remain in the hands of Hamas are at the forefront of our minds, as are the poor families who have suffered so much and continue to wait anxiously for news about their loved ones. The news that eight hostages will not be returned to their loved ones alive is tragic. The days and weeks ahead may be very difficult for Israel and the Jewish community, and we must support them.

We must again ask the UK Government to continue to work overtime alongside our partners to exert pressure and help to remove the obstacles stopping humanitarian access to those who continue to be held hostage by Hamas. That is an important point, and it does not always receive the attention it deserves.

The Government must not jeopardise the UK’s relationship or undermine trust and confidence with the Government of Israel if they want to continue having a serious and in-depth dialogue about the present situation and the future of Gaza. I would appreciate it if the Minister could update us on the delivery of British aid to Gaza since last week’s urgent question.

As to what the future could look like, we are not even close to phase 3 of the current agreement and we should not get ahead of ourselves, but, to restate our long-standing position on regional peace, we support a two-state solution that guarantees security and stability for both the Israeli and the Palestinian people. Our long-standing position has been that we will recognise a Palestinian state at a time that is most conducive to the peace process. We are not at that point now, and we are clear that recognition cannot be the start of the process.

Israeli hostages remain in captivity and every single one must be released. Ensuring that Hamas are no longer in charge of Gaza and removing their capacity to launch attacks against Israel are also essential and unavoidable steps on the road to lasting peace. Our immediate focus must be getting the hostages out and getting the aid in, and then making progress towards a sustainable end to the current conflict.

If the Palestinian Authority are to have an expanded role, they need to implement the most significant reforms in their history, including to their welfare and education policies, and they must demonstrate democratic progress. That will clearly be important for their operations in the west bank, too. There are also steps we would like Israel to take, as we have said before, in relation to frozen funds and settlements. More generally, we want the UK to be actively involved in efforts to expand the Abraham accords.

I will comment briefly on the other major ICJ case, brought by South Africa, which I have serious concerns about. I do not believe it to be helpful in the goal of achieving a sustainable end to the current conflict.

To conclude, although formal determination of genocide should be based on the final judgment of a competent court, the Conservative Government when in power were very clear that Israel’s actions in Gaza cannot be described as genocide—

[Dame Siobhain McDonagh (in the Chair)]

Order. Again, I do not have the power to ask you to sit down, but I would be very grateful if you did.

[Wendy Morton]

Almost there, Dame Siobhain. We will continue to carefully scrutinise the Labour Government, and I would welcome any updates from the Minister.