Gaza: Israeli Military Operations

Stella Creasy Excerpts

Wednesday 2nd April 2025 Commons Chamber

[Mr Falconer]

I agree with the right hon. Gentleman: of course Israel has the right to legitimate self-defence consistent with international humanitarian law. Concerns about the risk of a breach of international humanitarian law underpin our concerns. He is absolutely right that Hamas are a threat not just to Israel but to their own people, and I have been absolutely clear on that question on numerous occasions at this Dispatch Box. Where there are any reports that Hamas are benefiting from aid going into the Gaza strip or anywhere else, we take serious action in response.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

If the rule of international law is to mean anything, we must uphold it, so just as we recognise that taking hostages is a breach of international law, we must recognise that killing aid workers is a breach of international law. My constituents will be listening to the Minister, recognising the work being done but completely perplexed as to why we are not doing more to uphold international law in practice. He is right to argue that the courts need to be involved. He said that he wanted this issue to be dealt with by the relevant competent court and talks about novel elements of jurisprudence delaying our ability to do that. Can he explain to my constituents what more it would take for the United Kingdom, through the auspices of the UN Security Council, to make a referral to the International Criminal Court given what we are seeing and to uphold international human rights law directly?

[Mr Falconer]

My hon. Friend asks an important question. I recognise that, for constituents in Walthamstow and elsewhere, questions of international law may seem very arcane when we are faced with the kinds of images that we are all seeing this morning and have been seeing for months, so let me clarify. She refers to the ICJ advisory opinion. That advisory opinion, long in gestation, refers to the presence of Israel in the Occupied Palestinian Territories. It pre-dates the 7 October attacks. She also refers to the ICC, which has heard referrals in relation to conduct on both sides of the conflict since the 7 October attacks. We respond in the fullness of time, as required by the ICJ, which has taken some time in its complex determinations about the status of the Occupied Palestinian Territories. We have responded on the ICC to the timelines required—we did so late last year.