LABOUR must do more than the “tokenistic actions” of their first 100 days in office if they want to avoid being complicit in war crimes committed in Gaza, experts have said.
Speaking to the Sunday National in the week that marked one year since Israel began its “complete siege” of the occupied Palestinian territory, legal observers raised concerns that war crimes were being committed with the support of the UK Government.
Particular concern centres on the exports of parts for F-35 fighter jets, despite “clear evidence” that they are being used in Gaza. Although the UK Government suspended 30 arms export licences to Israel in September, 320 remain active – including those linked to F-35s.
Mira Naseer, a legal officer at the International Centre of Justice for Palestinians (ICJP), said the parts exports were a “critical point … now it's well documented that [F-35s] have been used in specific attacks in Gaza, including in a safe zone in Al-Mawasi in southern Gaza”.
“The standard for complicity is that you had knowledge and you had control and continued to do that act. The UK Government really can't say at this point that that standard isn't met,” she went on.
“You can make a very strong argument for intentionally directing attacks against a civilian population as a war crime, wilfully killing or murder, and wilfully causing great suffering … F-35s are implicated and the UK Government is potentially implicated by continuing to export those components.”
Another key issue is “starvation of civilians as a method of warfare”, a crime for which International Criminal Court (ICC) chief prosecutor Karim Khan has alleged Israeli prime minister Benjamin Netanyahu and defence minister Yoav Gallant “bear criminal responsibility”.
She explained: “When we talk about starvation and the war crime of starvation, we refer to the deliberate deprivation of anything that's essential for civilians to survive. We're not talking just about food and water.”
Announcing a “complete siege on the Gaza Strip” on October 9, 2023, Gallant had said: “There will be no electricity, no food, no fuel, everything is closed.”
After referencing the Israeli defence minister’s comments, Gallina went on: “We've really seen a full blockade on Gaza, disproportionately cutting off Palestinian civilians from objects that are indispensable to their survival.
“This has been compounded by a campaign of sustained bombing that actually really showed complete disregard for civilian life.”
Gallina added: “What we're seeing right now is really, I think, just a complete disregard of any of the rules of war, any of the [international humanitarian law] principles of distinction, proportionality, precaution. All of them have been violated on a continued basis by Israel.”
Naseer said she could not “overstate the ongoing complicity of the UK Government” in events in Gaza and Palestine more widely, and said other crimes in areas such as the West Bank needed more focus.
“I think for a long time there has been this idea that what's happening in the West Bank, the expansion of settlements, the violence that these settlements bring, these are the acts of extremist right-wing Israeli individuals. I think that's the narrative that's been pushed forward frankly by the mainstream media in the West as well as by our politicians,” she said.
“What the last year has shown us, and in particular the emboldened excuses that Israeli politicians are giving, is that's not the case. This is fully state-sanctioned policy.”
“Most cynically, this Government still refuses to be transparent about its partnerships with Israel, information sharing, and exactly the degree of the UK Government's complicity. So if this Government doesn't want to be in the same position as the previous government when it comes to liability under international law, that level of transparency really needs to shift.”
Gallina said that while her project’s research was not complete, she could speak of “initial patterns” which had been seen from the Israeli government. She said humanitarian aid had been used as a “bargaining chip” by Netanyahu’s regime, and even perhaps treated as a target.
She said: “We've been mapping incidents since October 7 and one of the patterns that we've noticed which is linked, I think, to the humanitarian sphere is a lot of attacks on … locations where civilians were often gathering to receive aid.
“This is just a pattern we've noticed. Twenty incidents happened within the span of two months and exactly in the same location, two roundabouts, the same roads near the beach in Gaza were attacked. From satellite imagery, it is very clear that civilians were gathering.
“Obviously, we need to investigate further to see if there's any merit for these attacks. Perhaps there was a military objective near there – but so far we haven't seen any.”
Gallina said the UK Government should end all arms exports to Israel, and noted that legal experts had “put ministers on notice”.
Naseer said she believed “unequivocally” that Israel was guilty of war crimes in Palestine, and called for further action from the UK Government, including a complete arms embargo, sanctions for Israeli politicians, and action against British companies linked to illegal West Bank settlements.
A UK Government spokesperson said: “We have suspended some export licences to Israel for use in military operations in Gaza, following a review which concluded there is a clear risk that UK export items might be used to commit or facilitate serious violations of international humanitarian law.
“In the case of the F-35 programme, it is not possible to suspend licensing of components to Israel without undermining the programme overall, and our commitment not just to the security of this country but to our allies around the world.”
