Pickthall House commends the government on its recent decision to restore funding to Unrwa and calls for similar commitment to even-handed diplomacy and international law, by withdrawing its objection to the International Criminal Court’s decision on whether an arrest warrant can be issued against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant.
The Hamas attack of 7th October was unanimously condemned by the international community, and rightly so, given the mass killing of innocent Israeli civilians and taking of civilian hostages. Since then the killing of thousands of Palestinian civilians, with the Israeli military standing credibly accused of using indiscriminate bombing and deploying starvation as a weapon of war, has been widely condemned by the international community. The UN General Assembly has passed resolutions calling for an immediate ceasefire and backing Palestinian membership of the UN. South Africa filed a case against Israel at the International Court of Justice (ICJ), which received support from European nations including Ireland, Turkey, Belgium and Spain.
However in January 2024, nine countries including Britain, chose to withhold funding from UN aid organisation Unrwa, following a spurious report from Israel in which it was claimed that Unrwa workers were amongst the militants who participated in the October 7th attacks, and that Unrwa as an organisation has been deeply infiltrated by Hamas.
It is to the credit of the new Labour government that this decision has been reversed. Foreign Secretary David Lammy has acknowledged the lack of substance in the claims made against Unrwa stating in an address to parliament: “I was appalled by the allegations that UNRWA staff were involved in the 7th October attacks. We are reassured that after Catherine Colonna’s independent review, UNRWA is ensuring they meet the highest standards of neutrality and strengthening its procedures, including on vetting”. Mr Lammy went on to acknowledge the reality of Unrwa’s unique capability in distributing critical aid and the urgent necessity of doing so: “Humanitarian aid is a moral necessity in the face of such a catastrophe…UNRWA is absolutely central to these efforts. No other agency can get aid into Gaza at the scale needed”. By restoring funding to Unrwa, the government re-establishes itself as working in-step with the international humanitarian consensus, joining the EU, Norway, Japan, Australia, Canada and others in reinstating aid. Pickthall welcomes this effort, and the fact it was taken swiftly by Labour upon entering government, demonstrating positive intent.
The government must now continue making decisions in line with international law. Britain’s Conservative government criticised the ICC when its chief prosecutor Karim Khan in May announced his intention to pursue arrest warrants against Prime Minister Netanyahu and Defence Minister Gallant, as well as against senior Hamas officials including Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri and Ismail Haniyeh. Former British Deputy Foreign Secretary Andrew Mitchell described the action as unlikely to help resolve the conflict and stated “As we have said from the outset, we do not think that the ICC has jurisdiction in this case”. The Conservative government submitted a legal argument to the ICJ arguing that Palestinian authorities do not have jurisdiction over Israeli nationals under the Oslo Accords, and so cannot transfer jurisdiction to the ICC.
Pickthall House welcomes news reports that Labour accepts the ICC’s jurisdiction and that it will withdraw the UK’s objection. It is important that the UK respects the independence of the court as it makes its decision. Foreign Secretary Lammy while serving in opposition emphasised the need for Britain to uphold international law, saying: “the Government have backtracked […] on one of the Britain’s most fundamental principles: respect for the rule of law […] the independence of international courts must be respected, and all sides must be accountable for their actions”.
The new Labour government, having made their commitment to international law clear while in opposition, must follow-through with action now by withdrawing their challenge to the ICC and suspending arms sales to Israel. This is particularly important in the wake of the ICJ’s advisory opinion that Israel’s occupation is unlawful and that member states have a duty to take measures against it. Pickthall House believes that now is the time for the UK to demonstrate and assert a strong commitment to international law and its institutions, including the ICJ and the ICC. The new government’s policies so far have been a step in the right direction, and should be extended to restore the UK’s global reputation as a staunch defender of the rules-based order.
