The British government is being challenged over whether it will join Labour in supporting an International Criminal Court investigation into possible war crimes committed by Israel, with shadow foreign secretary David Lammy calling on all parties to uphold international law.
ICC prosecutor General Karim Khan has insisted he has jurisdiction, but under Boris Johnson’s premiership the government said the court had no legal right to intervene.
Both the UK and the US intervened in 2021 to prevent the ICC from getting involved in Israel, when judges confirmed, after a five-year preliminary investigation, that Palestine’s status as an occupied territory rather than a sovereign country did not preclude an ICC investigation.
In a letter to the Conservative Friends of Israel in April 2021, Johnson reassured pro-Israel MPs that the government opposed an ICC investigation into alleged war crimes.
“We do not accept that the ICC has jurisdiction in this case as Israel is not a party to the Rome Statute and Palestine is not a sovereign state. This investigation gives the impression of a partial and prejudicial attack on a friend and ally of the UK,” the letter said.
At the same time, the Trump administration in the US rejected the ICC’s involvement, insisting that ‘the Palestinians do not qualify as a sovereign state and are therefore ineligible for membership as a state in, participation as a state in, or transfer of jurisdiction to the ICC’.
The State Department said: “Unilateral legal actions … exacerbate tensions and undermine efforts to advance a negotiated two-state solution.”
The Conservatives have not subsequently said they no longer support the legal analysis set out by Johnson.
In August, the UK opposed a referral to the International Court of Justice, the body that arbitrates in inter-state disputes.
Khan said: “My office has continuing jurisdiction over all alleged crimes committed on the territory of the state of Palestine by any party. This includes jurisdiction over current events in Gaza and the West Bank.
“Israel has clear obligations in relation to its war with Hamas: not just moral obligations, but legal obligations to comply with the laws of armed conflict. These laws are clearly set out in the Rome Statute and the Geneva Conventions.”
Lammy said in a statement on Sunday night that “all parties must abide by international law”.
“Allegations of violations of international humanitarian law should always be treated with the utmost seriousness,” he said. “The assessment of specific allegations is the proper role of lawyers and competent international tribunals. Labour supports the independence of the International Criminal Court and recognises its jurisdiction to address the conduct of all parties in Gaza.”
In his statement, the Labour MP for Tottenham moved further away from support for short humanitarian pauses, saying ‘a full and immediate pause’ was needed, although he did not specify a length. Former Labour foreign secretary David Miliband called for an initial five-day pause last week.
Lammy is working to prevent a damaging backbench rebellion next week, when an SNP amendment calling for a ceasefire will be voted on.
Lammy said: ‘Short pauses are a first step, but on their own they won’t have the impact needed to alleviate this humanitarian crisis. The damage to water pipes and other infrastructure to hospitals needs to be repaired and that requires a longer pause. The amount of aid entering Gaza is still woefully inadequate. It is unacceptable that Israel has still not lifted the siege.
“We need a full and immediate humanitarian pause in the fighting across Gaza to alleviate the suffering of Palestinian civilians and to allow Hamas terrorists to release hostages. The full pause must begin now to allow sufficient food, water, electricity, medicine and fuel into Gaza and to address the ongoing humanitarian catastrophe.
“Far too many Palestinian civilians and children have been killed and there has been far too much civilian suffering over the past month. Hamas must release the hostages and stop using civilians as human shields, and Israel must take urgent, concrete steps to protect civilians”.
In the Prime Minister’s annual speech at the Lord Mayor of London’s banquet, Sunak was due to say that a key foreign policy objective for the coming year was to “redouble Britain’s efforts” to find a workable two-state solution for Israel and Palestine.
“The UK wrote the original UN resolutions calling for a two-state solution. We’ve been arguing for it for decades. But now we must help make it a reality,” he said in extracts released in advance.