Written evidence submitted by British-Palestinian Committee (MENA0077)
The British Palestinian Committee
- The British Palestinian Committee (BPC) is an independent group of British Palestinians representing a broad and diverse range of experiences and perspectives, advocating for Palestinian rights by ensuring that British-Palestinian voices are integral to public discourse and policymaking on Palestine. We are an independent organisation that is not affiliated with any particular political party, religion, or ideology in Palestine or the UK.
Executive Summary
- This submission was written before the latest military campaign launched by Israel against Gaza. At the time of writing, a massive military assault is underway against Palestinians in Gaza in tandem with escalating Israeli military and settler violence in the West Bank and growing repression of Palestinian citizens of Israel. The scale of Israel’s killing of civilians, attacks on civilian infrastructure and mass dispossession combined with the public statements of Israeli officials has led to UN officials and scholars attesting to the mounting and compelling evidence that Israel is committing the crime of genocide[1]. In the face of this unfolding mass atrocity, the UK has continued to provide military, diplomatic and economic support for Israel and oppose calls from governments, human rights organisations, and millions of people around the world – and according to polling, support from the majority of the British people - for an immediate ceasefire, lifting of the siege and ensuring unimpeded humanitarian aid to people in Gaza.
- While historic in proportions and severity, the current offensive being waged by Israel is not unprecedented in substance. Regrettably, neither has been the UK policy response. For over 75 years, without pause, Israel has pursued a settler-colonial campaign of dispossession and apartheid throughout historic Palestine against the native inhabitants of the country. It is only in this context that the ongoing war against Gaza can be understood. Over 100 years since the UK occupied Palestine, the inalienable rights of the Palestinian people remain unfulfilled - the origin of the conflict and the prerequisite for its resolution.
- This year marks 75 years since the ‘Nakba’ of 1948, when the Palestinian body politic was destroyed and the majority of the Palestinian people were expelled from their homes. As Israel wages its genocidal campaign today, Palestinians are describing their collective experience as a ‘new Nakba’. After 75 years of failed approaches to resolving this ongoing and now worsening injustice, it is beyond time to interrogate a flawed framing of the situation that obscures its root causes and allows for partial approaches, the dehumanisation of Palestinians, the selective application of international law, and the erasure of Palestinians’ collective rights. Within this submission, we provide an overview of Britain’s historical involvement in Palestine, the reality of the current situation on the ground and practical steps towards supporting a just future, with concrete recommendations for each one.
- At this emergency juncture, the UK has an opportunity and a duty to review its recent policy in relation to the Palestinian people and take steps to end its facilitation of a culture of impunity responsible for enabling the crimes we are witnessing today. Only by taking decisive action to uphold universal principles of justice and adherence to the rule of law can the UK begin to contribute to the realisation of a just future for all. As an urgent priority, it must join international calls for a ceasefire, the lifting of the siege and ensuring the free access to humanitarian aid, water, food, electricity and fuel.
The UK’s outstanding and ongoing colonial debt
- The accelerating process of settler colonisation the Palestinian people are facing today is part of a process that dates back to British colonial rule in Palestine. While the international community as a whole bears responsibility for ensuring the protection of the Palestinian people and fulfilment of their rights, Britain's historic role in their dispossession and disenfranchisement imposes a particular burden of debt on the government. As the colonial power in Palestine between 1917 and 1948, Britain disenfranchised the Palestinian people of their right to self determination through its policies and laid the groundwork for their mass dispossession during the Nakba.
- During the 30 years of Britain’s occupation of Palestine - which involved one of the largest military deployments in British imperial history, colonial authorities facilitated rapid European colonisation, prevented Palestinian self government and brutally crushed Palestinian resistance.[2] British colonial authorities employed a variety of methods to undermine and fragment Palestinian political and civic life - including house demolitions, collective punishment, extrajudicial killings, night raids, extensive surveillance, restrictions on movement, curfews and closures, arbitrary arrest and detention, arming Zionist militias and de-development in the economic and educational spheres. Britain’s ruthless suppression of Palestine’s Great Revolt of 1936-1939, left Palestinian society fatally weakened in the face of the mass expulsions which were to begin under British rule in 1947, undermining the possibility of viable resistance to what was to come.
- May 15th 2023, marked 75 years of dispossession, subjugation, and exile of the Palestinian people. By 14th May 1948, when the final British soldiers left Palestine, the ethnic cleansing and destruction of Palestinian neighbourhoods and villages had already begun. Around 750,000 Palestinians were displaced or fled, forcibly made refugees by the process that led to the creation of the state of Israel.
- Denied their basic right to return to their homes till today, Palestinian refugees make up the majority of the Palestinian people living in historic Palestine, neighbouring Arab countries and around the world. The UK bears a historic responsibility for the creation of the Palestinian refugee crisis, and was the colonial power responsible for laying the groundwork for the Nakba and the displacement of Palestinian refugees. It is crucial to acknowledge Britain’s historic role in the dispossession and disenfranchisement of the Palestinian people, and its implications for British policy today.
- The UK’s complicity in Palestinian dispossession places an added moral obligation on the British state to uphold and defend the rights of Palestinian refugees today. Despite Britain's historical role in undermining Palestinian self-determination and contributing to the apartheid and ongoing colonial reality now faced in Palestine, few efforts have been made by successive UK governments to appraise and address this injustice. On the contrary, in recent years, the UK has increasingly adopted positions that have not only sought to protect Israel from international accountability but have additionally rewarded its gross violations of Palestinian rights, with the most prominent example being the 2030 vision and roadmap for deepening UK-Israel connections[3]. Another example was the launch of negotiations between the UK and Israel for a new, innovation-focused trade deal to boost trade between services superpowers.[4] Furthermore, despite Foreign Secretary James Cleverly's repeated statement that Israeli settlements are "illegal under international law," the UK government has not only protected those directly responsible for the ongoing colonisation of Palestinian land, but defended Israel’s actions, offering diplomatic support, and impeding efforts to hold Israel accountable. In March of this year, Prime Minister Rishi Sunak proudly welcomed Israeli Prime Minister Benjamin Netanyahu to No. 10 Downing Street. This display of diplomatic warmth towards one of the most extreme governments in Israel's history allows Israel to continue to act with impunity and evade accountability for its actions. It is crucial that the UK government reassesses its approach to Israel and ensures that it does not enable or condone violations of international law and human rights abuses.
The reality for Palestinians today
- Today, Palestinians living under prolonged military occupation are confronting an ever-tightening siege on their political, social, and economic life, with the combined force of the Israeli military and settler population it supports unleashing a violent collective punishment on an occupied people. Before October of this year, more than 170 Palestinians were killed, among them 26 children, making 2023 already on track to be the most lethal year yet for Palestinians living in the West Bank since the UN began collecting data in 2005.[5] This year also saw 36 Palestinians killed by the Israeli army during a four-day assault on the besieged Gaza Strip between May 9 and 13.[6] The already high level of Israeli settler violence recorded during the first nine months of 2023 has sharply increased since the escalation of hostilities. In the West Bank, since the 7th October, Israeli forces and settlers have killed 115 Palestinians, including 33 children.[7] As of the 29th October of this year, 8005 Palestinians have been killed in Gaza with over 20,242 killed since October 7th according to the Ministry of Health.[8] There is now widespread consensus within the human rights community that Israel is committing the crime of apartheid. Amnesty International[9], Human Rights Watch[10] and Israel’s largest human rights organisation, B’Tselem[11] are the most recent organisations to reach this conclusion, reaffirming what Palestinian civil society, academics, lawyers, and human rights defenders have been describing for decades.
Ii. The occupied West Bank, including Jerusalem
- Earlier this year in June, Israeli military forces launched the biggest military escalation in the West Bank in two decades, invading the occupied Palestinian cities of Ramallah, Nablus, and Jenin, while armed settlers, with the protection of soldiers, launched waves of assaults on Palestinian communities in the West Bank.[12] The policies of dispossession, de facto annexation, military violence, the ongoing denial of the right of millions of Palestinian refugees to return to their homes and fragmentation practised by the current extreme Israeli government violate the basic rights Palestinians possess under international law on a daily basis.[13] Almost 1000 Palestinians in Jerusalem face expulsion from their homes and home demolitions are at their highest rate in years. Meanwhile, the Israeli government has announced a massive expansion of settlements, emboldened by international complicity to accelerate its more than 75-year project of colonising Palestine and dispossessing its people of their land.[14]
- Israel is clear about its intentions to annex the entire West Bank and its actions continue to demonstrate this. In February 2023, Israel transferred most of the administration of the occupied West Bank from military to civilian control, consolidating the growing de facto annexation of the territory in flagrant breach of a cornerstone of international law: the prohibition on the acquisition of territory by force. UN experts have warned “Israel’s continuous annexation of portions of the occupied Palestinian territory, now focusing on large swathes of the West Bank after unlawfully annexing east Jerusalem, suggests that a concrete effort may be under way to annex the entire occupied Palestinian territory in violation of international law”.[15]
Ii. The occupied Gaza Strip under siege
- Since the tightening of the closure of Gaza in June 2007, the illegal Israeli blockade of the occupied Gaza Strip has encompassed extensive land, sea, and air restrictions, severely affecting the region, constituting a breach of basic human rights in violation of international law. It amounts to collective punishment.[16] This blockade has led to severe shortages of essential commodities, including food and fuel, while also obstructing Gaza's potential for long-term economic development. It severely restricts the flow of imports and exports, impedes the movement of people to and from Gaza, and restricts access to agricultural land and fishing waters. As a result, Palestinians in Gaza struggle to provide for their families, and the quality of infrastructure and essential services has deteriorated significantly. Ongoing challenges, such as limited access to education, healthcare, and clean water, have been exacerbated. [17]
- Since the blockade's inception, Israel has launched five prolonged military offensives on Gaza in 2008, 2012, 2014, 2021 and 2023, further exacerbating the dire situation. In May of this year, we witnessed Israel’s bombardment of the captive population in Gaza targeting Palestinian residential homes. As reported by the Palestinian Ministry of Health, this resulted in the loss of 13 Palestinian lives, including four children and four women, while approximately 20 more were injured, including three children and seven women.[18]
- Today we are witnessing the fifth attack on Gaza in October 2023 as a massive onslaught is currently underway against the Palestinian people, with increasing numbers of human rights organisations raising the alarm that what Israel is carrying out is most accurately described as genocidal. Since the 7th October, 8,005 Palestinians have been killed, including at least 3,324 children and 2,062 women, and about 20,242 have been injured, according to the Ministry of Health in Gaza.[19]
- Palestinians in Gaza, the majority refugees displaced in 1948, are saying they are experiencing a new Nakba. On Thursday 12th October, Israel announced its plan of ethnic cleansing in Gaza. An impossible ultimatum was issued to the 1.2 million people living in the north to evacuate. Those who are able to leave know from experience that if they do, they may be prevented from returning to their homes. Many are determined to stay, preferring to face death over a second expulsion as Israel prepares to raze the civic, economic, social and cultural heart of Gaza to the ground. Now under complete siege, without access to water, electricity, fuel or food, our people are bombed from air, land and sea. Complete neighbourhoods are flattened, schools, universities, medical facilities are damaged or destroyed and over 1 million Palestinians have been made homeless.These attacks have resulted in the loss of thousands of Palestinian lives, including many children, and the destruction of tens of thousands of homes, schools, and office buildings. Gaza, among the most densely populated areas globally, houses one million children, constituting 50% of its total population. Disturbingly, recent statistics from Save the Children reveal that a staggering 80% of Gaza's children now experience the burdens of depression, grief, and fear.[20]
- More than 250 distinguished British lawyers, including notable Kings Counsel (KCs) and law professors, have issued a significant public letter urging the UK government to take prompt action to secure a ceasefire in Gaza. They highlight substantial violations of international law, stressing the urgent need for intervention to halt the ongoing atrocities in the region. Well-known signatories include Geoffrey Bindman KC, Andrew Hall KC, and Theodore Huckle, among others. They have noted that “the sheer scale of the loss of life & injury in Gaza, particularly to women and children, with widespread damage to civilian objects and infrastructure indicates clear violations of international law.”[21]
Iii. Palestinian refugees in Palestine and in exile
- The Palestinian refugee problem is at the core of the injustice imposed on the Palestinian people. Today, Palestinian refugees comprise the majority of the Palestinian people. The realisation of their rights - foremost among them, the right to return to their homes, as enshrined in international law - is therefore key to achieving peace and justice. Yet, despite their central importance, Palestinian refugees are frequently excluded from policy discourse, or worse, represented in dehumanising terms as either threats to security and stability or passive humanitarian victims. This hides the reality of their dispossession - which is ongoing - the UK’s role, and the responsibility of the international community for upholding the rights of Palestinian refugees today.
- Between 1947 and 1949, approximately 750,000 Palestinians - two-thirds of the Palestinian people at that time - were violently expelled or forced to flee their homes by Zionist militias during the creation of the state of Israel. Palestinians refer to this as the 'Nakba' - the Arabic word for ‘Catastrophe’. Most Palestinians ended up in refugee camps in Jordan, Lebanon, Syria, Gaza, and the West Bank, including East Jerusalem, where they continue to reside to this day. According to BADIL 9.17 million Palestinians are now refugees.[22] As such, today Palestinians constitute the largest refugee population and the world’s most protracted refugee problem. In the Nakba’s aftermath, the United Nations (UN) General Assembly passed Resolution 194, affirming the right of Palestinian refugees to return to their homes. The right of return is a fundamental universal right, enshrined in international human rights, humanitarian and customary law, which ensures that all displaced individuals can voluntarily return to their homes and have their properties restored to them. Moreover, the right to return is a core principle around which the Palestinian people have been united since the revival of the Palestinian national movement after the Nakba in 1948. Any practical and durable resolution will therefore require acceptance of this basic principle.
- Palestinian refugees living in Arab states today continue to grapple with the harsh reality of precarity. Many of them endure limited access to essential services, including education and healthcare, while their legal and social rights remain precarious in their host countries. Employment opportunities are often scarce, and refugees may find themselves in low-paying, informal jobs with no job security. Furthermore, their status as refugees can make them vulnerable to discrimination and social exclusion.
- The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was established in 1949, in recognition of the international community’ responsibility for the creation of the Palestinian refugee crisis. Its mandate is limited to providing assistance - education, healthcare, and social services to Palestinian refugees - but not finding a solution to the plight of Palestinian refugees, which is a duty of the international community. UNRWA has been forced to rely on voluntary contributions from UN member states, resulting in repeated financial crises threatening its very existence. At the same time, UNRWA has consistently faced attacks intending to delegitimise the Agency and the rights of Palestinian refugees. This month, UNRWA Commissioner-General Philippe Lazzarini warned that the Agency was on ‘the brink of financial collapse’. Historically, the UK has been one of the largest funders to UNRWA, reflecting some recognition of responsibility. However, between 2018-2021, the government cut funding to the UNRWA by 60%. During a recent visit to Jalazone Refugee Camp in the West Bank, the Foreign Secretary announced a £10 million package of funding for the UN Relief and Works Agency.[23] It comes after the UK more than halved its funds for UNRWA from £42.5 million ($57.2 million) in 2020 to £20.8 million ($28 million) in 2021.[24] The UK was the third largest overall donor to UNRWA in 2020, but the cuts put it in the second tier of contributors.[25] This still represents a significant funding cut that is severely impacting the agency's ability to provide essential health and educational services, endangering the lives and well-being of approximately 5.7 million Palestinian refugees.
- The perpetual financial crisis faced by UNRWA is harming the education, health and well-being of a vulnerable population. In order to ensure that UNRWA can fulfil its mandate and the dignity of Palestinian refugees be ensured, a sustainable funding mechanism must be achieved.
Failed models of ‘conflict-resolution’
- The failure of the Oslo ‘peace process’ should provide a salutary lesson to policy-makers and yet its mistakes have been a recurring feature of subsequent initiatives endorsed by the UK. Not only did the Oslo Accords fail on its own terms, it is widely considered to have been a successful vehicle for advancing Israel’s strategic goal of entrenching its control over Palestinian territory, thereby making the prospect of achieving a just peace a prospect that appears ever more remote.
- Oslo succeeded in providing Israel with political cover as it continued its project of colonising Palestinian land, reduced the burden of occupation on Israel through the creation of the Palestinian Authority, and exacerbated the fragmentation of the Palestinian people with the exclusion of the Palestinian refugees in exile (the majority of the people) from participation in the new political structures created after 1993. Successive attempts to revive the so-called ‘peace process’ have foundered on the policy-making community’s total acceptance of Israel’s political dominance and its own conditions.
- As with Oslo, the Roadmap, Geneva Accords, Trump’s ‘Deal of the Century’ and initiatives such as the International Fund for Peace, each have ruled out the application of international law as the basis for a peace process, taking Israeli intransigence as a fait accompli, rather than something upon which the international community could have a positive effect.
UK policy on the 75th anniversary year of the Nakba
- The UK has a duty to uphold international law and fulfil the obligations that flow from it. Despite the UK’s stated policy regarding settlements, repeated rhetoric in support for the Palestinian people’s right to self-determination, and its own international legal obligations (as set out succinctly in the 2004 International Court of Justice Advisory Opinion), the operative policy of the UK has been one of selective application when it comes to Israel, in many cases actively shielding Israel by voting against resolutions seeking to uphold Palestinian rights and being an increasingly active participant in Palestinian dispossession. For example, on March 31st and April 1st, 2022, the United Nations Human Rights Council (UNHRC) held a vote to endorse three resolutions that aimed to uphold the rights of Palestinians and put an end to international law violations in the occupied Palestinian territory. These resolutions received strong majorities in favour within the Council, garnering support from several European nations, including France, Germany, Poland, Finland, and the Netherlands.However, the United Kingdom's stance on these resolutions differed significantly. Instead of endorsing any of the resolutions, the UK chose to abstain from voting on the resolution concerning human rights and accountability. Furthermore, the UK cast its vote against the resolutions pertaining to Israeli settlements and the right of Palestinians to self-determination.[26]
- Current UK policy is not only failing to support accountability but actively limiting those who are seeking it, whether through voting against resolutions at the UN, , making public statements conflating criticism of Israel with anti-semitism, seeking to silence those calling for Palestinian freedom across the entirety of the territory under Israeli control, or promoting domestic legislation limiting the ability of public bodies to make ethical choices as regards human rights abuses perpetrated by Israel (or indeed any other country or regime). Singling out Israel for preferential treatment can only serve to further damage UK credibility on the international stage while actively prolonging the devastating realities of Israel’s violations for the millions of Palestinians under its rule, as well as those in exile.
Ii. 2030 Roadmap on UK/Israel relations
- UK policy has not only served to shield Israel from accountability but reward violations and abuses with even greater support, as starkly demonstrated by the 2030 roadmap for UK-Israel bilateral relations released in March 2023, signed by the Foreign Secretary before Netanyahu’s visit to London last March. The 2030 roadmap for UK-Israel bilateral relations is primarily aimed at deepening “economic, security, and technology ties” between the two countries and tackling the “scourge of antisemitism” and geopolitical issues facing the region.[27] This recent development underscores the UK's continued failure to uphold its obligations concerning the situation in Palestine and the escalating human rights crises faced by the Palestinian people. It regrettably places the UK on the wrong side of history once again, eroding its credibility on the global stage when it comes to safeguarding human rights.
- The deal serves as a disheartening testament to the fact that, regardless of the severity of Israel's violations of fundamental principles of international law and human dignity, such as the prohibition on apartheid, it will continue to receive unwavering support from the British government, effectively granting it impunity for its actions. The message conveyed by this situation is unmistakable: the British government does not consider Palestinians deserving of basic universal human rights or access to international mechanisms of justice. This not only perpetuates a cycle of injustice but also rewards Israel for its actions, sending a troubling message to the international community.
Iii. Blocking accountability
- Reports that the UK government is currently seeking to stop the International Court of Justice (ICJ) from issuing a legal opinion on Israel’s occupation of Palestinian territory are alarming.[28] The government’s opposition to the hearing and the arguments it has reportedly made against the ICJ’s involvement indicate a further departure of UK foreign policy away from the mainstream of the international community and international legal consensus. This step follows a growing pattern of extreme policy positions taken by the government seeking to undermine the Palestinian people’s recourse to international justice.
Iv. Anti-boycott legislation
- The proposed anti-boycott bill sets a dangerous precedent. It not only presents a significant threat to local democracy and freedom of expression, but also the ability of public bodies and democratic institutions to spend, invest and trade ethically in line with international law and human rights in the UK and around the world. The anti-boycott bill represents a breach of the government's international legal obligations, including to dismantle barriers obstructing Palestinian self-determination. This bill, which unjustly singles out Palestinians by denying them essential protection, constitutes a major shift in foreign policy that unilaterally favours Israel, and it does so at a deeply harmful moment for the Palestinian people. As Richard Hermer KC has argued, “legislation prohibiting local authorities from taking steps to promote Palestinian self-determination within the OPT, taken with the terms of the exclusion in Clause 3(7), would likely place the United Kingdom in breach of international law obligations”.[29] Moreover, this would mark a significant shift in UK foreign policy and represent an abandonment of Britain's international commitments. Amnesty also received legal advice from Stephen Cragg, a lawyer from Doughty Street Chambers, regarding Article 10 of the ECHR.[30] The advice suggests that if the bill applies to individuals, it could be seen as incompatible with the ECHR, particularly clause 4, either directly or in specific cases. The Human Rights Act 1998, which incorporates the ECHR into UK law, safeguards individual rights. Even if Article 10 ECHR doesn't directly apply due to public authorities making decisions, Cragg asserts that the bill, especially clause 4, still contradicts the essence of free speech.
- By launching this attack on Boycott, Divestment and Sanctions (BDS) campaigns, which are founded on three core demands grounded in current international law, the Government has chosen to ally with one of Israel’s most radical right-wing governments and assist in its efforts to negate our existence and crush any resistance to their colonial project, at this moment of extreme Israeli violence towards Palestinians. The horror being inflicted on Palestinians today, with the complicity of this Government, is a stark reminder that these campaigns are more urgent than ever.
Recommendations: Three practical steps towards supporting a just future[31]
Recognise the root causes and ongoing drivers of the problem
- For decades, dominant political discourse, in the Global North, has situated the issue of Palestine within a ‘conflict paradigm’. Within this paradigm, Palestinians and Israelis are conceived of as two peoples or ’sides’ in an age-old, ethno-national and/or religious conflict over land. This conflict framing fails to take into account key historical facts and identify root causes - in particular the settler colonial nature of the Zionist project from its inception in the late 19th century and the mass dispossession of Palestine’s indigenous population, which prefaced the creation of the State of Israel in 1948. This has resulted in 75 years of flawed or partial approaches from the international community. Despite consensus on the illegality of Israel’s settlement enterprise, the entrenchment of occupation, de facto and de jure annexation, and ongoing policies of dispossession and violations of international law, the international community’s current approach has enabled Israel’s impunity and emboldened the advancement of its settler colonial project.
- Pragmatic and principled foreign policy requires that it responds to the reality of occupation, settler colonialism and apartheid that Palestinians have faced for decades and the bodies of international law established to address these phenomena. Instead, policymakers have all too often favoured language and approaches that adopt an ethnic or national conflict paradigm, equating the occupying power and colonial regime with a colonised people confronting a relentless process of dispossession. Misleading language like 'clashes,' 'both sides,' or 'cycle of violence', and equating the actions of Israeli occupation forces and Palestinian resistance not only obscures the true dynamics of apartheid and settler colonialism, but also absolves Israel of responsibility for its actions and third party states of their international legal duties.
Anchor British policymaking in universal principles, international mechanisms and the rule of law
- International mechanisms are designed to uphold universal principles, standards, and the rule of law. Under this global system, states have duties and obligations to uphold international law and address violations wherever they occur. In the case of Palestine, decades of well-documented violations and resolutions testify to the prolonged and belligerent nature of Israel’s occupation, its ongoing project of illegal settlement, and associated human rights abuses. The UK has an opportunity to make a positive contribution to international peace and cooperation by negotiating diplomatic relationships based on respect for human rights and the rule of law. The importance of moving away from double standards and a politics of short-term self-interest is not only a matter of justice, but of credibility. These worrying trends reflect affinity with Israel’s policies criminalising human rights organisations doing crucial work to monitor and expose human rights violations, outlawing expressions of Palestinian identity, and dehumanising Palestinians. Without immediate review, UK policy will continue to be actively complicit in violations and contribute to a worsening situation on the ground.
- To align with international law and human rights commitments, British policy should encompass several key actions. Firstly, any free trade agreement with Israel should require an end to human rights violations, occupation, and annexation of Palestinian territory. This should extend to banning imports from Israeli settlements and regulating UK-based companies to prevent operations in settlements or trade in settlement goods. Secondly, there should be a suspension of all direct and indirect military and security assistance to Israel, including arms sales and training. Universal jurisdiction must be exercised for investigations into crimes against humanity or international law committed by individuals under UK jurisdiction. Furthermore, the UK should support international bodies and mechanisms for universal justice, ceasing to defend Israel from consequences of international law violations. This includes backing the International Criminal Court's investigation into alleged war crimes, supporting the ICJ Advisory Opinion on Israeli practices affecting Palestinian human rights, and assisting the UN Independent Commission of Inquiry on the Occupied Palestinian Territory and in Israel. The UK should also reconstitute the UN Special Committee against Apartheid and the UN Center Against Apartheid.
- To uphold human rights, the UK should consistently vote at the Human Rights Council in favour of addressing violations and safeguarding the inalienable rights of Palestinians. The UNHRC database should be used to implement measures under UNSCR 2334, including engagement with businesses profiting from Israel's unlawful settlement enterprise. Additionally, UK funding for UNRWA should be restored, and support should be provided to ensure the agency's financial sustainability. Opposition to repressive legislation, both in Palestine/Israel and the UK, is vital to preserving accountability. British nationals, including British Palestinians, should not face discriminatory procedures or entry denials when travelling to Palestine. The UK should publicly commit to supporting human rights and human rights defenders globally, while protecting and supporting organisations targeted by Israel. Lastly, the UK should oppose legislation and policies hindering Palestinians from testifying to their historical and ongoing oppression and seeking justice.
Centre Palestinian perspectives in policy making towards Palestine
- Recent years have seen growing recognition that British policy making should be grounded in a deeper understanding of Britain’s history, and the way many countries in the Global South view the historical role of the UK, as well as centring the voices of minority communities affected by Britain’s colonial legacy. Palestine is no exception. Logic dictates that a just and lasting resolution in Palestine must have Palestinian self-determination at its core, taking into deep consideration the perspectives of those most affected. This includes approximately 5 million Palestinians living under military occupation and blockade in the occupied Palestinian territory, including East Jerusalem, 1.9 million subjected to second class citizenship and a raft of discriminatory laws within the State of Israel, and an estimated 7 million living as refugees or in exile, including British Palestinians. Despite consistent rhetorical support by successive UK governments, the Palestinian right to self-determination has not been reflected in British policy. Part of the lack of ability to reach a just solution rests on the fact that Palestinians and Palestinian concerns have been repeatedly sidelined or bypassed – both politically and at a civil society level - exacerbating a growing trend towards actively silencing Palestinians.
- The systematic exclusion of Palestinians from policymaking has been further underlined in recent weeks in the context of the recent hearing concerning the proposed legislation, officially titled the "Economic Activity of Public Bodies (Overseas Matters) Bill." During this hearing, a cross-party committee of Members of Parliament (MPs) listened to oral evidence provided by lawyers, human rights organisations, Jewish community representatives, and pro-Israel advocacy groups. Notably, this gathering occurred without the presence of a single Palestinian witness.This major piece of legislation targets solidarity with the Palestinians, but despite the major impact it will have on the lives of Palestinians in the UK and overseas, no Palestinian or Palestinian organisation was invited to give evidence at the hearing. The committee's composition, coupled with the absence of Palestinian representation, raises significant questions about the inquiry's credibility and legitimacy.[32]
Conclusion
- In conclusion, as this submission has highlighted, there exist meaningful, practical, and impactful measures that policymakers can implement in order to contribute to supporting the realisation of peace and justice in Palestine. Amidst the massive onslaught that is currently underway against the Palestinian people in Gaza, the British government must take immediate action to fulfil their duties under international law to ensure the protection of an occupied people. Among the most urgent of these duties are the demand for an immediate ceasefire, for the lifting of the siege to restore electricity, fuel, water, food; and for unimpeded humanitarian access in order to protect Palestinian lives.
- With this year also marking 75 years of failed approaches in resolving this ongoing injustice, embracing a fresh approach grounded in common principles and international standards is urgent. In this pivotal moment, the UK has a duty to play a critical role in supporting Palestinians in their long struggle for justice and freedom. British policymakers must comprehensively reevaluate a hitherto failed approach, instead, directly addressing the root causes of the conflict and taking steps to fulfil the UK’s duties under international law. These measures are crucial in advancing the cause of justice, the rule of law, and international peace. They would also mark the first steps in the long overdue process of addressing Britain’s ongoing and outstanding colonial debt to the Palestinian people.
November 2023
15
[1] “Public Statement: Scholars Warn of Potential Genocide in Gaza”, Third World Approaches to International Law Review, October 17, https://twailr.com/public-statement-scholars-warn-of-potential-genocide-in-gaza/
[2] Baroud, Ramzy. “How Britain Destroyed the Palestinian Homeland.” Al Jazeera, April 10, 2018. https://www.aljazeera.com/features/2018/4/10/how-britain-destroyed-the-palestinian-homeland.
[3] “2030 Roadmap for UK-Israel Bilateral Relations,” GOV.UK, March 21, 2023, https://www.gov.uk/government/publications/2030-roadmap-for-uk-israel-bilateral-relations/2030-roadmap-for-uk-israel-bilateral-relations.
[4] Trade, Department for International. “UK Launches Israel Talks to Boost Trade between Services Superpowers.” GOV.UK, July 20, 2022. https://www.gov.uk/government/news/uk-launches-israel-talks-to-boost-trade-between-services-superpowers.
[5] “Protection of Civilians Report: 8-21 August 2023.” United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory. Accessed September 28, 2023. https://www.ochaopt.org/poc/8-21-august-2023
[6] Al Jazeera. “Five Palestinians Killed as Israeli Forces Raid West Bank Camp.” Israel-Palestine conflict News | Al Jazeera, June 19, 2023. https://www.aljazeera.com/amp/news/2023/6/19/deaths-injuries-as-israeli-forces-raid-jenin.
[7] “Hostilities in the Gaza Strip and Israel: Flash Update #23,” United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory, accessed October 30, 2023, https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-23.
[8] “Hostilities in the Gaza Strip and Israel: Flash Update #23,” United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory, accessed October 30, 2023, https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-23.
[9] ‘Israel’s apartheid against Palestinians: Cruel system of domination and crime against humanity’, Amnesty International, February 2022
https://www.amnesty.org/en/documents/mde15/5141/2022/en/
[10] Shakir, Omar. “A Threshold Crossed.” Human Rights Watch, March 28, 2023. https://www.hrw.org/report/2021/04/27/threshold-crossed/israeli-authorities-and-crimes-apartheid-and-persecution.
[11] A regime of Jewish supremacy from the Jordan River to the Sea - B’tselem. January 12, 2021. https://www.btselem.org/publications/fulltext/202101_this_is_apartheid.
[12] “Surge in Israeli-Palestinian Violence Must Be ‘wake-up Call’ for Global Community to Redouble Efforts towards Achieving Peace, Delegate Tells Security Council | UN Press.” United Nations. July 27, 2023. https://press.un.org/en/2023/sc15368.doc.htm.
[13] ‘Israel’s apartheid against Palestinians: Cruel system of domination and crime against humanity’, Amnesty International, February 2022
https://www.amnesty.org/en/documents/mde15/5141/2022/en/
[14] ‘Israeli Practices towards the Palestinian People and the Question of Apartheid’, UN ESCWA , March, 2017 https://oldwebsite.palestine-studies.org/sites/default/files/ESCWA%202017%20%28Richard%20Falk%29%2C%20Apartheid.pdf
[15] International Community Must Act to end Israel’s annexation of occupied ..., July 26, 2023. https://www.ohchr.org/en/press-releases/2023/07/international-community-must-act-end-israels-annexation-occupied-west-bank.
[16] “The Real Gaza.” Palestinian Return Centre. Accessed September 27, 2023. https://prc.org.uk/upload/library/files/the_real_gaza.pdf.
[17] “Delayed, Denied and Deprived.” Medical Aid For Palestinians - map.org.uk. Accessed September 27, 2023. https://www.map.org.uk/downloads/map-al-mezan-access-to-health-online.pdf.
[18] “Palestinian Ministry of Health .” Facebook , May 9, 2023. https://www.facebook.com/mohps/posts/pfbid02GqVfCfDv65pA4UFub5PQBmvoMXnGsmwCb6wRviD6ULfbFGaYg1esy7Cf58Ax5ow8l.
[19] “Hostilities in the Gaza Strip and Israel: Flash Update #23,” United Nations Office for the Coordination of Humanitarian Affairs - occupied Palestinian territory, accessed October 30, 2023, https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-23.
[20] Save the Children International. “After 15 Years of Blockade, Four out of Five Children in Gaza Say They Are Living with Depression, Grief and Fear.” Save the Children International, June 15, 2022. https://www.savethechildren.net/news/after-15-years-blockade-four-out-five-children-gaza-say-they-are-living-depression-grief-and.
[21] “British Lawyers Call on Government to Press for Ceasefire in Gaza,” The Guardian, October 27, 2023,https://www.theguardian.com/world/2023/oct/27/british-lawyers-call-on-government-to-press-for-ceasefire-in-gaza.
[22] “75 Years of the Ongoing Nakba, 75 Years of Ongoing Resistance,” BADIL Resource Center for Palestinian Residency and Refugee Rights, May 2023, https://www.badil.org/press-releases/13926.html.
[23] Foreign, Commonwealth & Development Office. “Foreign Secretary Announces New Support for Almost 6 Million Palestinian Refugees.” GOV.UK, September 13, 2023. https://www.gov.uk/government/news/foreign-secretary-announces-new-support-for-almost-6-million-palestinian-refugees.
[24] Evidence to the UK Select Committee. Available at: https://committees.parliament.uk/writtenevidence/111065/pdf/ (Accessed: 30 May 2023).
[25] Middle East Monitor. “UK Pledges $12M in Extra Funding for UNRWA.” Middle East Monitor, September 14, 2023. https://www.middleeastmonitor.com/20230914-uk-pledges-12m-in-extra-funding-for-unrwa/.
[26] “Resolution Adopted by the Human Rights Council on 1 April 2022.” United Nations - Right of the Palestinian people to self-determination, April 1, 2022. https://www.un.org/unispal/wp-content/uploads/2022/05/A.HRC_.RES_.49.28_110422.pdf.
[27] “2030 Roadmap for UK-Israel Bilateral Relations,” GOV.UK, March 21, 2023, https://www.gov.uk/government/publications/2030-roadmap-for-uk-israel-bilateral-relations/2030-roadmap-for-uk-israel-bilateral-relations.
[28] “UK ‘seeking to Block ICJ Ruling’ on Israeli Occupation of Palestine.” The Guardian, August 24, 2023. https://www.theguardian.com/world/2023/aug/24/uk-seeking-block-icj-ruling-israeli-occupation-palestine.
[29] Richard Hermer KC publishes an opinion on the legal implications of the Economic Activity of Public Bodies (Overseas Matters) Bill commissioned by the Rt Hon David Lammy MP (Shadow Foreign Secretary) and Lisa Nandy MP (Shadow Secretary of State for Levelling Up, Housing and Communities), 3 July 2023,
https://www.matrixlaw.co.uk/news/richard-hermer-kc-publishes-opinion-on-economic-activity-of-public-
bodies-overseas-matters-bill/
[30] McAlpin, Nick ــ. “Exclusive: UK Anti-BDS Bill Incompatible with ECHR: Amnesty.” The New Arab, July 2, 2023. https://www.newarab.com/news/exclusive-uk-anti-bds-bill-incompatible-echr-amnesty.
[31] Three Practical Steps Towards Supporting a Just Future, The British Palestinian Committee, June 13, 2023
[32] McAplin, Nick. “UK Mps Hear Zero Palestinian Witnesses on Anti-Boycott Bill.” The New Arab, September 8, 2023. https://www.newarab.com/news/uk-mps-hear-zero-palestinian-witnesses-anti-boycott-bill