Israel-Gaza Conflict: Arrest Warrants

(Urgent Question): To ask the Secretary of State for Foreign, Commonwealth and Development Affairs if he will make a statement on the Government’s response to the decision taken by the International Criminal Court’s pre-trial chamber I to issue arrest warrants in respect of the Israel-Gaza conflict.

Last Thursday, judges at the International Criminal Court issued arrest warrants for the Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant and the reportedly deceased Mohammed Diab Ibrahim al-Masri, commonly known as Deif, commander-in-chief of the military wing of Hamas.

The ICC is the primary international institution for investigating and prosecuting the most serious crimes of international concern. It is actively investigating allegations of the gravest crimes in countries around the world, including Ukraine, Sudan and Libya. In line with this Government’s stated commitment to the rule of law, we respect the independence of the ICC. We will comply with our international obligations. 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.

There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, two terrorist organisations. This Government have been clear that Israel has a right to defend itself in accordance with international law. That right is not under question, and the Court’s approval of the warrants last week does not change that. Israel is of course a partner across UK priorities, including trade, investment, security and science and technology. We co-operate across a wide range of issues for our mutual benefit.

This Government remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence in Gaza. That is essential to protect civilians, ensure the release of hostages and increase humanitarian aid into Gaza. We have always said that diplomacy is what will see an end to this conflict, and that can only be achieved through dialogue. It is in the long-term interests of the Israelis, Palestinians and the wider region to agree to a ceasefire deal urgently and bring this devastating conflict to an end.

The International Criminal Court’s decision to issue arrest warrants for the state of Israel’s Prime Minister Benjamin Netanyahu and its former Defence Minister Yoav Gallant will do nothing to help secure the release of those poor hostages, who have been held captive by Hamas for more than a year. It will not help to get more aid into Gaza, and it will not deliver a sustainable end to this awful conflict. In charging Israeli leaders alongside Hamas, the ICC appears to be drawing a moral equivalence between Israel’s war of self-defence and Hamas terrorism. We utterly reject any moral equivalence. The only beneficiaries of this decision are Hamas and their terrorist sponsors, Iran, who are now celebrating this propaganda coup as a great victory for Hamas and Hezbollah. Since the ICC’s decision, we have had dither from Ministers, confused messaging and no clarity, so I am grateful to the Minister for his remarks today.

The Government have indicated already that they will seek to enforce these warrants through our own courts, and there is a process around that. On the issue of warrants, we have expressed serious concerns over process, jurisdiction and the position on the complementarity principle. We believe that the warrants for Mr Netanyahu and Mr Gallant have no basis in international law. Do the Government believe that the Court has jurisdiction in this case, given that Israel is not party to the Rome statute and Palestine is not a recognised state? Does the Minister agree that the ICC must act within legal norms?

In the absence of the ICC making public the specific context of the charges, does the Minister share the concerns expressed about reports of process errors in the ICC’s investigation and the concerns expressed by Lord Macdonald, the former Director of Public Prosecutions, about the use by the prosecutor of an expert panel? Finally, but crucially, what effect does the Minister believe that Mr Netanyahu’s immunity under international law as a serving Prime Minister of a country that is not a state party has on enforcing these warrants in the UK’s own courts?

I welcome the questions from the right hon. Member across the Benches. Utmost in the Government’s mind is the need to bring an immediate end to the conflict in Gaza and to secure the release of the hostages, whose families I have met. She knows that I am familiar with these issues from my previous life. We also need to see more aid going into Gaza. The questions at issue with the ICC are separate from that.

Diplomacy will continue regardless of the ICC process. But I had understood it to be the common position of the House that the international rule of law is an important commitment. The International Criminal Court is an important body—the primary body—in enforcing those norms, and the issues on jurisdiction and complementarity were heard by the pre-trial chamber. Its three judges issued their findings. I think we should respect those.

I call the Chair of the Foreign Affairs Committee.

The International Criminal Court was created when 120 countries put their names to the Rome statute and signed up to the principle that certain basic standards of behaviour must be enforced internationally, with those laws applicable to everyone, no matter who they were. From the time when Winston Churchill led the Conservative party, this country has been a proud supporter of international law. It is wrong for us to try to undermine it. Does my hon. Friend share my deep disappointment that the Conservatives have fallen as far as they have?

As I think has been clear from our actions from July when we became the Government, the international rule of law is incredibly important to this Government. All our actions will be guided by it.

I call the Liberal Democrat spokesperson.

The conflict between Israel and Hamas has had a devastating impact on Palestinian and Israeli civilians, with women and children paying a particularly terrible price. Now that the International Criminal Court has issued arrest warrants for those it believes are culpable, the UK has obligations under international law, which we must uphold. The previous Conservative Government chose to be selective with those obligations when it came to the ICC’s jurisdiction in the Occupied Palestinian Territories. That was deeply regrettable and damaging for our country, and I greatly regret that Conservative Front-Bench Members are pursuing that same line today.

It is right that the Government have committed to uphold the ruling, and I welcome the Minister’s statement that they will support the process to enforce the arrest warrants. Does the Minister share my concern about the words of Republican Senator Lindsey Graham, who has proposed sanctioning nations—including the UK—who uphold the ruling? Will he outline the specific new steps that the Government are taking to secure an immediate bilateral ceasefire with all parties, so that we can put a stop to the humanitarian disaster in Gaza, get the hostages home and open the door to a two-state solution?

Every member of the Government—most particularly the Foreign Secretary and the rest of the Foreign Office ministerial team—is engaged every day, including this morning, in pressing all parties for an immediate ceasefire in Gaza, for an immediate ceasefire in Lebanon, and for a de-escalation of violence in Gaza and the Occupied Palestinian Territories, but also more broadly in the middle east, where violence remains far too high.

The ICC has issued an arrest warrant for the Prime Minister of a democratic state that is a UK ally, having found that there are reasonable grounds that he is responsible for war crimes and crimes against humanity. Does that not call for action as well as words from the UK Government, which might include ending trade with illegal settlements, the sanctioning of members of that Government and settlers, and indeed recognition of the state of Palestine if we are to show not only our disapproval, but how we want to move forward?

I recognise my hon. Friend’s long commitment to these issues. As you would expect, Madam Deputy Speaker, I will not comment further on the ICC process, which needs now to carry through in accordance with due process in the way you would expect. On sanctions, which have been discussed before in the Chamber, I am not, in the usual way, at liberty to provide any further commentary on who we might consider for them.

Whatever reservations one may have about the conduct of the conflict in Gaza, there are two fundamental principles: first, Netanyahu is a democratically elected leader of a sovereign state; and secondly, that state is conducting a legitimate war of self-defence. The Minister acknowledges those facts, but does he not appreciate how this ruling is seen by many of my constituents as an affront to those principles?

I am slightly stumped by the questions from the Opposition. We are signatories to the ICC Act. I think the whole House agrees with the importance of the rule of law. Representations were made to the ICC in the pre-trial chamber, and it has come to its decisions. I think we should respect its independence.

I find it shocking but not surprising that the Conservative party has chosen to downgrade and disparage the highly respected International Criminal Court. We are a nation that upholds the rule of law, so I am proud that the new Labour Government have chosen to respect the independence of the ICC in its arrest warrants against Benjamin Netanyahu, Yoav Gallant and Mohammed Deif, on the basis that there are reasonable grounds for their criminal responsibility for potential war crimes. Does the Minister agree that it is important that we respect the independence of that ICC judgment and that, if required, we implement those findings?

I am not really able to go much further than to say that there is a domestic legal process, through our independent courts, that would determine whether to endorse an arrest warrant. We would follow due process in the way that hon. Members would expect. This is a decision not for Ministers but for an independent court.

The Minister may be aware that I have fought the corner for international courts time and again in this House. I view upholding the authority of those courts and their reputation as very important. The difficulty here is not just that Israel is a democracy, but that it has an internal, independent judiciary, which puts a limit on what any Government can do in Israel. That is why equating—or appearing to equate—Netanyahu with all the other monsters that the International Criminal Court has quite properly prosecuted risks bringing the court into disrepute.