MPs Challenge Government for Refusing to Commit to Netanyahu Arrest for War Crimes

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“In what way can it be legally or morally justified to continue allowing UK parts for fighter jets that are being used to kill Palestinian children to be exported to an Israeli leader facing an arrest warrant for war crimes and crimes against humanity?”

Richard Burgon MP

By Ben Folley

As the House of Commons met for the first time since the International Criminal Court (ICC) confirmed it was issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, the Foreign Office was ordered to send a Minister to the chamber to answer an Urgent Question on Britain’s response to the decision.

The Government was represented by junior minister Hamish Falconer. Foreign Secretary David Lammy, who was away at a G7 Foreign Minister’s meeting, has not addressed the matter of Gaza in the Commons for four weeks. The Cabinet-attending Development Minister Anneliese Dodds was also unable to attend.

The session saw over an hour of questions by backbench MPs, seeking reassurance the UK would uphold obligations to arrest ICC-indicted war criminals, and would take action to prevent further war crimes taking place, with MPs focusing on the exception to its arms sales suspension which allows the US to continue supplying British-made F-35 jet components used to launch missiles into Gaza.

Others sought confirmation that Israeli Government Ministers would be subject to sanctions to increase pressure to deliver a ceasefire. Others highlighted the need to accelerate the recognition of Palestine – whose status had been used by Israel as it sought to frustrate the ICC process.

In his initial response, the Minister said, “we respect the independence of the ICC. We will comply with our international obligations.”

However, he refused to guarantee the UK would arrest Netanyahu or Gallant, were they to enter the UK. He reflected on comments made by Home Secretary Yvette Cooper at the weekend, when he said,

“There is a domestic legal process through our independent courts that determines whether to endorse an arrest warrant by the ICC in accordance with the International Criminal Court Act 2001. That process has never been tested, because the UK has never been visited by an ICC indictee. If there were such a visit to the UK, there would be a court process, and due process would be followed in relation to those issues.”

The Minister’s responses when pressed on the need for a complete arms sale suspension, escalated sanctions on ministers and on the state, were a series of repetitions of ‘not rehearsing’ previous statements by the British government. Yet as global condemnation, through the UN, the ICJ and now the ICC, and not least by Labour MPs’ own voters, there is a need for government policy to move to increase pressure on Israel. Its failure to do so deepens complicity with now ICC-declared war crimes.

Left MPs pressed the Minister in particular.

Socialist Campaign Group Secretary, Richard Burgon, exposed the hypocrisy of direct arms sales suspensions whilst continuing indirect supply via the US, and asked, “As I understand it, there is no reason why F-35 parts that are made in the UK, sold to the United States and used in Israel cannot be subject to a conditional licence under which they are sold to the United States with the proviso that they cannot be used in Gaza. Given that, how can it be legally or morally justifiable to continue allowing UK parts for fighter jets that are being used to kill Palestinian children to be exported even indirectly to an Israeli leader who faces an arrest warrant for war crimes and crimes against humanity?”

Bell Ribeiro-Addy challenged the Minister on a series of failures to offer detail, when she asked, “If Israel is accused of committing war crimes, does the continued sale of any arms to Israel not make the UK potentially complicit? Given the gravity of the situation, will the Minister further clarify why he cannot comment on sanctions, or indeed on the other steps that the Government are planning or willing to take to make clear the UK’s condemnation of the continued slaughter of civilians in Gaza?”

Andy McDonald asked, “is it not now incumbent on the Government to take effective, concrete steps to prevent further such acts by banning all arms licences to Israel, including those relating to F-35 parts; by imposing sanctions on individuals, on assets and on goods trading with the illegally occupied west bank; and by the urgent recognition of Palestinian statehood?”

Ian Byrne pressed the Minister on arms sales, asking, “If the Government acknowledge that the Prime Minister of Israel should be on trial for war crimes and crimes against humanity, how—morally and legally—can we continue to supply him with the weapons being used by Israel in its horrific assault on innocent civilians in Gaza?”

Rachael Maskell asked, “Why will he not escalate the UK’s response to the Israeli Government by introducing sanctions so that they feel the real pain of our country but also understand that we want to ensure that justice is served by the ICC?”

In her contribution, Apsana Begum said, “Surely central to the debate today must be the UK’s ongoing political role as Israel’s close ally, and the fact that UK-made weapons, including components, are still being used by Israel.”

Zarah Sultana condemned the continued F-35 arms exports, with which she said the Government was exposing itself to criminal liability and asked, “Will he confirm that should Netanyahu, who faces an ICC arrest warrant for war crimes and crimes against humanity, enter UK territory, he will be immediately arrested—yes or no?”

Former Labour leader and Independent Alliance MP Jeremy Corbyn said, “If an arrest warrant has been issued for the leader of a country, and the International Court of Justice (ICJ) has found that country deeply wanting in respect of its behaviour as an occupying power and the war crimes that have been committed, why are we still supplying weapons that are being used in the bombardment of Gaza and destroying life as we speak?”

His independent colleague, Shockat Adam, said, “Now that the ICC prosecutor has called Benjamin Netanyahu a potential serious war criminal committing crimes against humanity, does the Minister agree that now is the time to recognise the State of Palestine and end all military and financial co-operation with the Israeli Government while their leaders are essentially international fugitives?”

In a sign of growing frustration other Labour MPs expressed concern at the lack of leverage the government was exerting on Israel in response to its war crimes indictment.

Abtisam Mohamed said, “Will the Minister now review all diplomatic, economic and political relations with Israel to ensure that our country is not complicit in the atrocities that are taking place in Gaza, the West Bank and Lebanon?”

Sarah Owen asked, “what moral justification is there now for continuing arms sales used by Israeli forces at the behest of a Prime Minister accused of such serious war crimes? When will we use every diplomatic lever to stop the killing, free all hostages and stop selling arms to a country led by someone accused of such horrific war crimes?”

Former Medical Aid for Palestinians director, Mel Ward, asked, “The Minister will be aware that there is increasing evidence, including from organisations such as Human Rights Watch, of the forcible displacement of Palestinians from the north of Gaza. He will be aware that this is a crime against humanity, and that two of the main proponents are Israeli Ministers Smotrich and Ben-Gvir. The Prime Minister has confirmed that the Government are looking at this, so when will the Government move to sanction those Ministers as part of a wider package of further action to uphold international law?”

There is a need to continue the escalation of pressure on MPs and on the Government itself.


Featured image: Parliamentary Under-Secretary of State for the Middle East, Afghanistan and Pakistan Hamish Falconer faced Foreign Office Questions on 22 Oct, 2024. Photo credit: © House of Commons under Attribution-NonCommercial-NoDerivs 2.0 Generic

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