Hamas and Israel: Breaches of International Law

3. If she will hold discussions with Cabinet colleagues on consulting the International Criminal Court on potential breaches of international law in the conflict between Hamas and Israel.

I know that the hon. Lady cares deeply about the region. She and I—and, indeed, you, Madam Deputy Speaker—visited the region together some years ago, and I know that at the current time all of us will be thinking about the places we visited and the people we met. In answer to her question, the ICC started an investigation into the situation in Palestine in March 2021.

I thank the Attorney General for her response. In the light of the brutality and sexual violence perpetrated against Israeli civilians by the terrorists of Hamas, and the scale of the indiscriminate bombing of tens of thousands of Palestinians, including children, in Gaza, how is she urging the UK Government to advocate for the end of the killing to ensure that the International Criminal Court can gather the most detailed evidence to weigh the actions of all parties against international law at the earliest opportunity?

The Prime Minister, the Foreign Secretary and, indeed, the whole of the UK Government have consistently urged that international humanitarian law must be followed in this case. The ICC prosecutor, who is a British-born barrister—Karim Khan, with whom I have had a number of extremely helpful meetings over the course of my time as Attorney General—has said that the investigation is

“ongoing and extends to the escalation of hostilities and violence since the attacks that took place on 7 October”.

I call the spokesman for the Scottish National party.

Article 86 of the Rome statute says that, in relation to the work of the International Criminal Court, state parties shall “cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.”

Given that in 2022 the UK referred Russia to the ICC, can we assume that the UK will comply with any request from the ICC for footage from the reconnaissance flights operating over Gaza? If not, what would be the legal basis for refusing an ICC request?

As I said, the UK supports the ICC and its chief prosecutor Karim Khan. We do have surveillance flights operating in the region. The primary purpose of those is to help with the hostage situation. We will say once again that we very much hope that the hostages will be released immediately. It is absolutely the case that we will continue to urge all parties to continue to abide by international humanitarian law.