Genocide Convention: UK Compliance

Tom Gordon Excerpts

Tuesday 17th June 2025 Westminster Hall

[Mr Falconer]

I was not at the event and I cannot speak to who was invited or why, but obviously I speak to Dr Zomlot on a regular basis. He is personally affected by the crisis in Gaza and across the Occupied Palestinian Territories. There is no doubt in the Government about the depth of human suffering that is being experienced each and every day—that was experienced overnight—by people desperate to access aid in Gaza. The position that I am laying out in relation to the legal tests that the hon. Member for North Herefordshire mentioned is to reassure the House that we take our obligations under the convention incredibly seriously. The long-standing position about determination is that it is for a competent court. That does not stop us taking action in response to the tragedy that is unfolding before our eyes.

[Tom Gordon (Harrogate and Knaresborough) (LD)]

Recently, the Joint Committee on Human Rights published a report about accountability for Daesh crimes, including genocide. A number of recommendations in that report pertain to issues applicable to other situations that have been referred to today. I want to press the Minister on the issue of universal jurisdiction. Would he and the Government consider a change in the law to allow for the prosecution of genocide regardless of a perpetrator’s nationality?

[Mr Falconer]

I am of course very happy to consider the recommendations of the Committee. We do have extrajudicial—I will be careful on the legalities of it, but as I understand it, British courts can look into crimes of genocide outside the UK where a UK national is involved. If the recommendation of the Committee is that that should be expanded, we can take a look at that, but that is the current position. At the risk of stating the absolute obvious, it is a criminal offence to commit genocide in the UK and it is a criminal offence to commit genocide outside the UK if you are a UK national, and our courts have competence to hear that.

I want to be clear on our position in relation to the Occupied Palestinian Territories. We strongly oppose the expansion of Israel’s military operations in Gaza and its stated intention to hold territory indefinitely. Israel’s denial of essential humanitarian assistance is unjustifiable. Israeli settlements in the west bank and East Jerusalem are illegal under international law and settler violence against Palestinians is unacceptable. Extremist rhetoric inciting unlawful violence against Palestinians is abhorrent. The House has heard about steps we have taken in recent days to respond. We have equally been clear in our condemnation of Hamas for its heinous terrorist attacks on 7 October, which the hon. Member for North Herefordshire referred to, its cruel holding of hostages and its use of civilian infrastructure in conflict, which places civilians at huge risk.

The hon. Member for North Herefordshire talked of the International Court of Justice, which is considering a case brought under the genocide convention by South Africa against Israel. It has issued provisional measures, including on humanitarian access. We respect the Court’s independence and its authority to issue binding orders, and expect Israel to follow them under international law. Separately, the International Criminal Court is investigating what is happening in Israel and the OPTs. We fully support that Court’s role in investigating and prosecuting serious international crimes and holding those responsible accountable, including delivering justice for victims.