“This cynical Tory attempt to hinder the ICC’s work not only risks undermining accountability for war crimes in Gaza but also weakens the wider rule of law and international justice as a whole”
Richard Burgon MP
By Matt Willgress, Labour Outlook
Following the King’s Speech yesterday, Labour MPs Richard Burgon and Imran Hussain laid a parliamentary motion calling on the new Labour Government to drop a legal challenge made by the Tories, which aimed at preventing the International Criminal Court (ICC) from issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu.
This was one of the Tory Government’s final acts in office – bringing a legal challenge to the ICC’s Chief Prosecutor’s decision to apply for arrest warrants against Netanyahu and others over their complicity in War Crimes being carried out in Gaza.
This highly contested legal challenge claims that the ICC has no jurisdiction over Israeli nationals – despite legal experts pointing out that Palestine was accepted as a member state of the ICC in 2015, and in 2021 the court ruled that it had jurisdiction to investigate and punish Israeli war crimes in Palestine. This was not contested by the UK at the time, highlighting the politicised nature of the decision.
The Parliamentary motion has already been signed by 18 Labour MPs, 4 Independent MPs and 4 Plaid Cymru MPs, with more expected to add their names in the coming days.
Speaking on the motion, sponsoring MP and Secretary of the Socialist Campaign Group of Labour MPs, Richard Burgon said:
“The Tories spent some of their last days in Government seeking to undermine opposition to war crimes. This cynical Tory attempt to hinder the ICC’s work not only risks undermining accountability for war crimes in Gaza but also weakens the wider rule of law and international justice as a whole. The new Labour Government now has the opportunity to chart a new course, one that respects international law, by dropping this challenge.”
Co-Sponsor to the motion Imran Hussain MP added:
“The previous Tory Government’s challenge to the work and independence of the ICC flies in the face of the UK’s duty to defend the global rule of law. Our new Government must now reaffirm its commitment to protecting the vital work of the ICC by withdrawing this challenge. That will send a strong signal that the UK will be a strong supporter of the ICC’s efforts to deliver justice for the victims of war crimes in Gaza.”
Richard Burgon and Imran Hussain both recently met with officials at the ICC to deliver a dossier of evidence of Israeli war crimes compiled from evidence meetings that they held in Parliament with leading human rights experts and legal groups.
Sarah Wooley, General Secretary of the Bakers’ Union was amongst those from the Labour and Trade Union Movement to praise the motion:
“Trade unionists are a central part of our national movement in solidarity with the people of Palestine, and will welcome this important initiative to call on the new Government to help ensure perpetrators of war crimes in Gaza are brought to justice.”
TSSA General Secretary Maryam Eslamdoust also welcomed the parliamentary initiative:
“Each day we see more horrifying evidence of war crimes and humanitarian catastrophe in Gaza. By dropping the Tories’ challenge to prevent the ICC issuing an arrest warrant for Netanyahu, the new Government would show a clear opposition to impunity for war crimes – and a commitment to international law.”
Labour NEC member and Palestine solidarity activist Jess Barnard added her support, commenting that “activists in solidarity with Palestine across the country will welcome this initiative – the ICC must not be hindered in holding people to account for war crimes in Gaza.”
From the movement for Palestine within the Labour Party, Hugh Lanning, Coordinator of Labour & Palestine, urged the Government to take heed, stating that “the new Labour Government has made clear it wants to uphold international law. A fine start would be ending the Tory Government’s attempt to block the workings of by ICC.
“This move was at the behest of the US administration and it should be consigned forthwith to the waste pile of debris left by the last Government.”
You can read the full text of the motion below:
Early Day Motion: International Criminal Court, Gaza and the Rule of Law
“That this House rejects attempts by the previous Government to undermine the International Criminal Court’s (ICC) right to seek an arrest warrant against Prime Minister Benjamin Netanyahu for war crimes, following the decision by the ICC Chief Prosecutor to issue applications for arrest warrants for a number of Israeli and Hamas leaders in May 2024; opposes the decision by the previous Government to challenge the ICC’s jurisdiction over Israeli actions in Gaza; notes that the ICC has a well-established jurisdiction over Israeli actions in Palestine; believes that the UK, as an ICC member committed to a rules-based international order, should protect the Court’s independence and reject any efforts to impede or interfere with its work, or to intimidate or retaliate against its officials; further believes that attempts to hinder the ICC’s work not only risk undermining accountability for war crimes in Gaza but also weaken the wider rule of law and international justice as a whole; calls on the UK Government to do all it can to support the International Criminal Court in its efforts to ensure accountability and justice for the victims of war crimes; and further calls on the UK Government to immediately drop the challenge made by the previous Government regarding arrest warrants and the ICC’s jurisdiction over Israeli actions in Gaza.
- You can view the Early Day Motion and the full list of signatories here.
- Richard Burgon is the MP for Leeds East, the Secretary of the Socialist Campaign Group of Labour MPs and a regular contributor to Labour Outlook. You can follow him on Facebook, Twitter, Instagram and TikTok.
- Imran Hussain MP is the MP for Bradford East, you can follow him on Facebook, Twitter, Instagram and TikTok.
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