Labour Versus International Law

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https://tribunemag.co.uk/2024/07/labour-versus-international-law

‘Progressive Realism’ Foreign Secretary David Lammy and Benjamin Netanyahu.

Regarding the ICC, the case presented by the previous government effectively argued that no international court had the authority to hold Israel to account for its actions in Gaza, no matter how barbaric, as any right to prosecute Israelis had been surrendered by Palestinians during the Oslo negotiations. This very argument has now been directly addressed and demolished by the ICJ, which held that such agreements — between occupied and occupier — cannot deprive people of their rights under international law. Similarly, the ICJ judgment adds extra weight to the demand for an arms sale ban. Following the ICJ’s injunction that states must not aid and abet Israel’s illegal occupation, it is impossible to see how the government can continue to trade arms with Israel. This now sits alongside the responsibility to prevent genocide that flows from the ICJ ruling in January. The same holds with any form of trade that supports these illegal acts. In its judgement, the ICJ also rejected the argument so often used by those who are opposed to pressing Israel to end its occupation — its supposed need for security guarantees — by making clear that security needs cannot justify the acquisition and annexation of territory by force.

Israel is already making clear that it will ignore the judgment just as it ignored the ruling in January and the previous ICJ judgement in 2004 ruling the separation wall to be illegal. It is relying on the standard claim that those calling its occupation illegal and charging it with the crime of genocide and apartheid are liars motivated by antisemitism. It must now convince the world that this argument holds against the ICJ and ICC as well as Amnesty International, Human Rights Watch, and the dozens of states who made submissions to the courts. To give any credence to such claims is quite simply not ‘realism’, neither progressive nor any other kind.

The past few months have shown just what the consequences of not holding Israel to account are. At least 40,000 killed in Gaza, the population there on the brink of famine, and as Unicef reported this week, a Palestinian child in the West Bank killed every two days since October. Continuing on such a path, as seems to be the intention of the Labour government, means abandoning any framework of international law. The clarity of the ICJ’s recent rulings makes the test for Lammy’s ‘progressive realism’ very simple — either you stand against occupation, annexation, genocide and apartheid, or you are complicit with it.

https://tribunemag.co.uk/2024/07/labour-versus-international-law

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