Barry Gardiner challenge to Government on Gaza: Show that you respect international rules-based order

There was a debate in Westminster Hall yesterday on Gaza and Humanitarian Aid instigated by one of the new Independent MPs,  Ayoub Khan (Birmingham Perry Barr), elected in the wake of the Gaza conflict.

Westminster Hall debates do not make policy but give MPs a chance to register their concerns.

This is Barry Gardiner's contribution from They Work for You

As politicians, we talk of the international rules-based system, by which we mean the World Trade Organisation and the United Nations, but often we do so only when it suits our position. When it does not, we ignore it. That is why it is crucial that we grasp the legal implications of the decision promulgated on 19 July this year by the International Court of Justice. It settled the law in its advisory opinion on the legality of Israel’s continued presence in the occupied Palestinian territory. The opinion came from a request by the United Nations General Assembly in December 2022, and I believe it carries immense weight. It is the interpretation of our world’s highest court of law as it relates to the occupation of Palestine.

The court ruled that the occupied Palestinian territory is to be considered a single territorial unit, which means that the failure to recognise Palestine as a state is now out of step with international law. On 10 September, Palestine took its seat at the 79th session of the General Assembly of the United Nations. It is not yet a full member, because it has been blocked by the United States, but it has the right to submit proposals and amendments. The Government of the UK still does not recognise the Palestinian state, and I believe that that is now incompatible with international law.

The court ruled that settlements and outposts in the west bank and East Jerusalem were unlawful. It does not matter that Israeli law considers settlements to be lawful; they are not, and they should be evacuated. The court ruled that Israel’s exploitation of natural resources in settled land was also unlawful. The court ruled that Israel occupied Gaza. It ruled that it occupied the west bank and East Jerusalem. It ruled that that occupation was unlawful. It ruled that the occupation must be brought to an end.

That also means that, in its actions, Israel must behave not as a warring nation state against another warring state, but as an occupying force, with all the obligations that entails about its conduct, including ensuring that aid can get through to all who need it. Israel ought to cease its unlawful activities, halt all new settlement activity and provide full reparation for the damage caused by its wrongful acts, which includes returning land, property and assets seized since the occupation began in 1967 and allowing displaced Palestinians to return to their original places of residence.

The court made it clear that other states also have obligations. It emphasised that all states are required not to recognise the illegal situation created by Israel’s actions in the occupied territories. That means that they should not engage in trade, investment or diplomatic relations that would entrench Israel’s unlawful presence. The advisory opinion is a landmark in the legal and political struggle over the fate of the Palestinian people and the integrity of international law. It highlights the obligations of all states, including the United Kingdom, to ensure that the rule of law prevails. We are all duty bound not only to act in the interests of justice and human rights, but to uphold the very principles of international law. That is the law. It is clear. It has been authoritatively stated by the court. What is not clear is whether Governments will abide by it. The law can state, the court can rule, but none of it brings about anything unless the power of enforcement lies behind it.

In the UK we are very fond of saying that we respect the international court and the international rules-based order. My challenge to the Minister is this: show it.