Britain’s Foreign Secretary David Lammy gives a press conference in Abuja on 4 November, 2024 (AFP/Kola Sulaimon)
Scottish National Party MP Chris Law accuses David Lammy of exposing UK to ‘significant risk’
British Foreign Secretary David Lammy has been warned that the UK as a state, “alongside individual ministers and government officials as individuals”, is at “significant risk of future legal action for complicity in acts of genocide”.
In a letter to Lammy on Monday, seen by Middle East Eye, Scottish National Party MP Chris Law accused the foreign secretary of failing to “demonstrate any responsibility of the UK government to prevent genocide”.
“Do you accept that the UK’s obligations [under the Genocide Convention] should have been triggered from the moment the government became aware of a serious and imminent risk that genocide could be perpetrated,” Law asks in the letter.
The Scottish politician goes on to accuse the foreign secretary of appearing to “diminish the very definition of genocide”, after Lammy suggested last month in parliament that Israel’s actions in Gaza do not constitute genocide because fewer than millions of people have been killed.
Lammy said that terms like genocide “were largely used when millions of people lost their lives in crises like Rwanda, the Second World War, the Holocaust, and the way that they are used now undermines the seriousness of that term.”
David Lammy, the U.K.’s secretary of state for foreign, commonwealth, and development affairs, signs an agreement during his first foreign visit to Africa in Abuja, Nigeria, on November 4, 2024. (Photo: next24online/NurPhoto via Getty Images)
David Lammy’s recent comment to Parliament, the coalition said, “at best, has injected a deeply troubling ambiguity in respect of these pivotal issues in light of the mass atrocities perpetrated against civilians in Gaza.”
Fallout over remarks that David Lammy, the U.K.’s secretary of state for foreign, commonwealth, and development affairs, recently made to the House of Commons about the Israeli assault on the Gaza Strip continued on Tuesday with a letter from 37 rights organizations.
“We call on the foreign secretary, as a matter of urgency, to make a statement clarifying the government’s understanding of i) genocide in international law; ii) the scope of the U.K.’s international obligations pursuant to the Genocide Convention and Rome Statute; and iii) what steps must be taken to fulfill such obligations,” the coalition wrote.
The groups pointed to an exchange between Lammy, of the Labour Party, and Conservative Member of Parliament Nick Timothy on October 28, when the foreign secretary said that the way words like genocide are being used now “undermines the seriousness of that term.”
Israel faces a South Africa-led genocide case at the International Court of Justice over its 13-month assault on Gaza, which has killed at least 43,391 Palestinians and wounded another 102,347, according to officials in the Hamas-governed enclave. The ICJ initially ordered Israel to “take all measures within its power” to uphold its obligations under the Genocide Convention in January.
Lammy’s response to Timothy last week, “at best, has injected a deeply troubling ambiguity in respect of these pivotal issues in light of the mass atrocities perpetrated against civilians in Gaza,” the coalition argued Tuesday. He “chose to undermine international law and answer in opposition to the International Court of Justice.”
“If Labour is indeed the party of international law, Foreign Secretary David Lammy must align with, rather than undermine, the courts.”
Despite Lammy’s suggestion, the Genocide Convention contains no numerical threshold and “is clear that the crime of genocide is not only perpetrated through mass killing,” the groups noted, highlighting Israeli attacks on food production, water infrastructure, healthcare facilities, and civilian housing, shelters, and camps.
In northern Gaza, “Palestinian civilians are being killed through starvation and dehydration, disease, deprivation of lifesaving medical intervention, and constant bombardment and targeting by weaponized drones,” they wrote. United Nations Secretary-General António Guterres “has warned of the ethnic cleansing of Gaza by Israel while the U.N. Commission of Inquiry has concluded that the Israeli authorities have committed the crime against humanity of extermination of part of the civilian population in Gaza through direct and indirect means.”
“These assessments raise the specter of genocide and support the findings of other experts who have long concluded that genocide is taking place,” the coalition continued. “This makes it imperative for the foreign secretary to revisit his comments and to clarify the government’s understanding of the crime of genocide.”
Amichai Stein, a correspondent for state-owned Israeli broadcaster Kan, said on social media Tuesday that the Israel Defense Forces (IDF) announced “the division of the northern Gaza Strip into two parts has been completed, and we getting closer to the complete evacuation of the northern part from civilians and terrorists: ‘This time there is no intention to allow the residents of the northern Gaza Strip to return to their homes and that humanitarian aid will regularly enter the southern Gaza Strip.'”
In other words, as Drop Site News‘ Ryan Grim put it, “Israeli media reporting that the IDF is declaring northern Gaza effectively ethnically cleansed, not even a hint of pretense now that it’s Election Day” in the United States.
While the U.S. has repeatedly faced global condemnation for arming Israel over the past year, the rights coalition on Tuesday focused on the U.K. government, emphasizing that “to the extent that the ICJ has already ordered provisional measures, the U.K. is on notice that a plausible risk of genocide exists, triggering third-state responsibility.”
Signatories to the letter include ActionAid U.K., Christain Aid, Council for Arab-British Understanding, Democracy for the Arab World Now, Gender Action for Peace and Security (GAPS), Global Justice Now, Jewish Network for Palestine, Medical Aid for Palestinians, Quakers in Britain, and War on Want.
GAPS director Eva Tabbasam told Middle East Eye that the language used to describe the war in Gaza “is essential to recognize the suffering of Palestinians and consider all possible actions the U.K. has to contribute to stopping what is a plausible risk of genocide.”
“If Labour is indeed the party of international law, Foreign Secretary David Lammy must align with, rather than undermine, the courts,” Tabbasam said. “He should have already done so months ago when the court first published this language, but the second best time is right now.”
Separately, War on Want on Tuesday published an analysis detailing how “Israel is committing genocide of the Palestinian people” and arguing that “the U.K. government is failing to uphold international law, and is complicit in Israel’s crimes, as it continues to export weapons and technology used by Israel against the Palestinian people.”
“Palestinians have long struggled for their rights and for justice. During the 1947-8 ethnic cleansing of historic Palestine—the Nakba (Arabic for ‘catastrophe’)—around 750,000 Palestinians were forced from their homes and lands by armed groups, to live under Israel’s system of apartheid,” the group noted. “Israel has carried out its ethnic cleansing of the Palestinian people, unlawful occupation, apartheid, and blockade of Gaza—the ongoing Nakba—with impunity and has now escalated its actions into genocide.”
The London-based organization is also circulating a petition in response to the foreign secretary’s remarks from last week, which says in part: “David Lammy is misleading parliament and the U.K. public. He must tell the truth—that this is genocide—and immediately take action to stop the genocide, and the U.K.’s complicity.”
Other responses to Lammy’s comments have included public criticism from What Is Genocide? author Martin Shaw and dozens of public figures in the Arab British community demanding an apology.
UK Labour Party Shadow Foreign Secretary repeatedly heckled at a speech to the Fabian Society over his and the Labour Party’s support for and complicity in Israel’s genocide of Gaza.UK Foreign Secretary David Lammy says that UK is suspending 30 of 350 arms licences to Israel. He also confirms the UK government’s support for Israel’s Gaza genocide and the UK government and military’s active participation in genocide.Current UK Prime Minister Keir Starmer is quoted that he supports Zionism without qualification. He also confirms that his active support and that of UK’s air force has been essential in Israel’s mass-murdering genocide. Includes URLs https://www.declassifieduk.org/keir-starmers-100-spy-flights-over-gaza-in-support-of-israel/ and https://youtu.be/O74hZCKKdpAVote For Genocide Vote Labour.
A Palestinian woman holds the shrouded body of a child killed by Israeli bombardment of the Tel al-Sultan neighborhood in Rafah in the southern Gaza Strip on May 26, 2024. (Photo: Eyad Baba/AFP via Getty Images)
The human rights group said Israeli forces “failed to distinguish between civilians and military objectives by using unguided munitions in an area full of civilians sheltering in tents.”
In an investigation focusing on a pair of Israeli massacres of forcibly displaced Palestinians in Gaza, Amnesty International on Monday urged the International Criminal Court—whose chief prosecutor has already applied for warrants to arrest Israeli and Hamas leaders—to open a war crimes probe of the attacks, which it said were likely “indiscriminate” and “disproportionate.”
“On May 26, 2024, two Israeli airstrikes on the Kuwaiti Peace Camp, a makeshift camp for internally displaced people in Tal al-Sultan in west Rafah, killed at least 36 people—including six children—and injured more than 100,” noted Amnesty, which early in the assault on Gaza found “damning evidence” of Israeli war crimes including indiscriminate killing of civilians.
The Tal al-Sultan attack, which hit an Israeli-designated “safe zone,” ignited an inferno that burned people alive inside the tents in which they were sheltering. One survivor told Amnesty that “there were so many dead people all around us,” many of them “in pieces and in pools of blood.”
“The military could and should have taken all feasible precautions to avoid, or at least minimize, harm to civilians.”
The Amnesty report states that the airstrikes, “which targeted two Hamas commanders staying amid displaced civilians, consisted of two U.S.-made GBU-39 guided bombs” and that “the use of these munitions, which project deadly fragments over a wide area, in a camp housing civilians in overcrowded temporary shelters likely constituted a disproportionate and indiscriminate attack, and should be investigated as a war crime.”
Israeli Prime Minister Benjamin Netanyahu called the Tal al-Sultan massacre a “tragic mistake.”
“On May 28, in the second incident investigated, the Israeli military fired at least three tank shells at a location in the al-Mawasi area of Rafah, which was designated by the Israeli military as a ‘humanitarian zone,'” Amnesty continued. “The strikes killed 23 civilians—including 12 children, seven women, and four men—and injured many more.”
“Amnesty International’s research found that the apparent targets of the attack were one Hamas and one Islamic Jihad fighter,” the publication notes. “This strike, which failed to distinguish between civilians and military objectives by using unguided munitions in an area full of civilians sheltering in tents, likely was indiscriminate and should be investigated as a war crime.”
Erika Guevara-Rosas, Amnesty International’s senior director for research, advocacy, policy, and campaigns, said in a statement that “while these strikes may have targeted Hamas and Islamic Jihad commanders and fighters, once again displaced Palestinian civilians seeking shelter and safety have paid with their lives.”
“The Israeli military would have been fully aware that the use of bombs that project deadly shrapnel across hundreds of meters and unguided tank shells would kill and injure a large number of civilians sheltering in overcrowded settings lacking protection,” she added. “The military could and should have taken all feasible precautions to avoid, or at least minimize, harm to civilians.”
Israel—whose 325-day bombardment, invasion, and siege of Gaza has left more than 144,000 Palestinians dead, maimed, or missing and millions more suffering forced displacement, starvation, and disease—is currently on trial for genocide at the International Court of Justice (ICJ) in The Hague, Netherlands.
In January, the ICJ orderedIsrael to “take all measures within its power” to uphold its obligations under Article II of the Genocide Convention. Israel’s far-right government and military have been accused by human rights groups of ignoring the order.
As Israeli forces launched a major ground invasion of Rafah four months later, the ICJ issued another order for Israel to “immediately halt its military offensive” in the city, where around 1.5 million forcibly displaced and local Palestinian residents were sheltering. Instead of heeding the order, Israel ramped up its assault on Rafah.
At the International Criminal Court, Prosecutor Karim Khan is urging the tribunal to promptly act upon his May application for warrants to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—at least one of whom, political chief Ismail Haniyeh, was subsequently assassinated by Israel.
Guevara-Rosas on Monday reminded Israel of its legal responsibility to protect noncombatants.
“The avoidable deaths and injuries of civilians is a stark and tragic reminder that, under international humanitarian law, the presence of fighters in the targeted area does not absolve the Israeli military of its obligations to protect civilians,” she said.
“All parties to the conflict must take all feasible precautions to protect civilians,” Guevara-Rosas added. “This also includes the obligation of Hamas and other armed groups to avoid, to the extent feasible, locating military objectives and fighters in or near densely populated areas.”
The new Amnesty report was published on the same day that Human Rights Watch called upon the ICC to investigate alleged and documented incidents of Israeli forces torturing imprisoned Palestinian medical workers, including at the notorious Sde Teiman prison, where guards are accused of war crimes including murder, rape, and torture.
Palestinian children hold placards during a march demanding an end to the war and their right to live, education, and play on February 14, 2024 in Rafah, Gaza. (Photo: Ahmad Hasaballah/Getty Images.
A South African leader welcomed the court’s affirmation that “the perilous situation demands immediate and effective implementation of the provisional measures” from its earlier ruling.
As Israeli forces plan a full-scale assault on Rafah in the southern Gaza Strip, the International Court of Justice on Friday forcefully reminded Israel that it must comply with a January order to meet its obligations under the Genocide Convention.
South Africa—which is leading the genocide case against Israel that led to six provisional measures from the ICJ last month—asked the World Court for emergency action on Tuesday in light of the Israeli plan to attack Rafah, whose population has surged to roughly 1.5 million as Palestinians have fled bombings and raids in northern Gaza.
The ICJ, which is part of the United Nations, weighed in just a day after Israel submitted its response to South Africa’s request.
“The court notes that the most recent developments in the Gaza Strip, and in Rafah in particular, ‘would exponentially increase what is already a humanitarian nightmare with untold regional consequences,'” the ICJ said Friday, quoting United Nations Secretary-General António Guterres’ remarks to the U.N. General Assembly last week.
“This perilous situation demands immediate and effective implementation of the provisional measures indicated by the court in its order of 26 January 2024, which are applicable throughout the Gaza Strip, including in Rafah, and does not demand the indication of additional provisional measures,” the World Court continued.
“The court emphasizes that the state of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said order, including by ensuring the safety and security of the Palestinians in the Gaza Strip,” the ICJ added.
Clayson Monyela of South Africa’s Department of International Relations and Cooperation said on social media that his country welcomes the development.
“The court has affirmed our view that the perilous situation demands immediate and effective implementation of the provisional measures indicated by the court in its order of 26 January 2024 which are applicable throughout the Gaza Strip and has clarified that this includes Rafah,” he said.
The ICJ’s decision comes as countries including South Africa prepare to participate in hearings before the Hague-based court next week about Israel’s 57-year occupation of Palestine. South African representatives are set to present second, after the Palestinians.
Palestinians gather at Nelson Mandela Square in Ramallah to demonstrate appreciation to South Africa. (Credit: ramallahmunicipality)
At the International Court of Justice, South Africa spoke on behalf of the billions of people who oppose Israel’s genocide in Gaza — and put Western governments to shame for their deplorable complicity.
‘There is no safe space in Gaza and the world should be ashamed.’
Blinne Ní Ghrálaigh’s closing speech at the International Court of Justice will stay with me forever. Devastating and forensic in equal measure, Ní Ghrálaigh spoke for millions of people around the world who have been utterly appalled by the horrors unfolding live on our screens. ‘This is the first genocide in history where its victims are broadcasting their own destruction in real time,’ she said, ‘in the desperate and so far vain hope that the world might do something.’
Here was an Irish lawyer — who had previously worked on the Bloody Sunday Inquiry — speaking on behalf of South Africa, in support of the Palestinian people. For the Irish and the South Africans, the plight of occupied peoples is only too familiar. It should not come as any surprise, then, that South Africa’s case opened by placing Israel’s latest activity ‘within the broader context of Israel’s 25-year apartheid, 56-year occupation and 16-year siege imposed on the Gaza Strip.’ It was remarkably refreshing to hear South Africa articulate something so obvious yet routinely ignored by politicians in this country. Exposing the shallow state of our own political system, the hearing will go down in history as a momentous display of international solidarity from a people who know what it’s like to endure — and dismantle — apartheid.
This solidarity has grown and grown; South Africa’s case eventually gained the support of many countries, including Bolivia, Brazil and Colombia, as well as interstate actors like The Arab League. Politicians in this country can deny it all they want: millions of people around the world are desperate to see an end to the massacre of human beings, and will continue to support efforts to build a just and lasting peace.
We were required to be at the Court before 6am to gain entry, queuing in desperately cold weather. The International Court of Justice in the Hague is a beautiful building. It was built after the First World War, when there was real hope that the League of Nations and its judicial system would bring about peace. There was something poignant about Palestinian people who had lost relatives in Gaza and the West Bank, who were outside the Court to bear witness in search of justice.
South Africa presented its case against Israel under the Genocide Convention. The hearing was devastating — horror after horror, laid out in plain sight for all to see. The arguments were brilliantly marshalled by South Africa, and they should be commended for doing so. It is regrettable that most of our media did not deem these arguments important enough to broadcast. The BBC did not provide a live stream of South Africa’s case, choosing instead only to show Israel’s response the next day. It is to the credit of Al Jazeera that they not only live-streamed the hearing, but provided continuous and accurate coverage of the conflict, despite witnessing the deaths of their colleagues in the process.
South Africa pointed out that the Genocide Convention existed to protect all people, and that the Israeli action met the requirements of the convention in its deliberate and systematic destruction of civilian life in Gaza. South Africa also cited several statements from Netanyahu and other Israeli politicians pledging to diminish the population of Gaza by at least 90 percent. South Africa demonstrated what Palestinians have been trying to tell us all along: this was not a war of equals, but the systemic slaughter of the Palestinian people.
South Africa is determined not only to be on the right side of history, but change the course of it — and if the International Court of Justice was true to its name, it would give due consideration to South Africa’s case. It would find that the bombardment is wrong, the bombardment is illegal, and the bombardment represents the collective punishment of the Palestinian people. And it would rule that acts of genocide have been committed by the Israeli Government.
In the meantime, the South African case asked for interim relief, which would require a rapid call for an immediate ceasefire. It is a call that should be made by any political representative anywhere in the world committed to the protection of civilian life. It is to the great shame of the British and American political systems that relatively few elected representatives in either country have supported this call for an end to the loss of human life.
There is no way forward other than a ceasefire observed by all sides, which would present the opportunity then to map out a just and peaceful future. This is a decision to be made by the Palestinian people, not by those of us who support them. Acts of solidarity cannot entail telling others what to do.
Outside, after the hearing finished, the fantastic team of lawyers took questions from a huge group of journalists on the steps of the ICJ, in utterly freezing conditions. I was there on behalf of the Progressive International. We held a media event in the street in front of us, and made the case that the popular voice of ordinary people around the world is one of peace, and that we would campaign for as long as it takes to bring about justice for the Palestinian people.
‘We did what we could. Remember us.’ Ní Ghrálaigh finished her address by showing two photos of a whiteboard at a hospital in Gaza. The first showed a handwritten message on it by a doctor. The second photo was of the same whiteboard after an Israeli strike on the hospital. It showed the board completely destroyed. The author of the message had been killed.
Millions are appalled, watching in real time the destruction of human life in Gaza. History will not forget those who refused to treat Palestinian and Israeli lives with equal worth. But neither will it forget those who are determined to campaign for a more peaceful world.
About the Author
Jeremy Corbyn MP, former leader of the Labour Party
Jeremy Corbyn is the member of parliament for Islington North.
I’ve quoted all Jeremy Corbyn’s article, hope that nobody objects. Authors: It’s likely that you are able to use a Creative Commons licence despite being published by others.
