Why West can’t allow Israel to flout international law in Gaza

The latter is always particularly troubling given the ability of humans to inflict harm on one another. Across the world – from the destruction Russia has unleashed on Ukraine to the ongoing conflict in Myanmar to the world’s worst humanitarian crisis in Sudan – death and destruction are ever present. All as we continue to wrestle with the existential challenge posed by climate change, it can sometimes seem too much to take in.

Added to this malign mix is the war in Gaza. The latest chapter in this ongoing conflict can be dated to the appalling terrorist acts and slaughter of innocents when Hamas attacked Israel in October 2023, leading to the deaths of 1,200 people and the injuring of thousands more. Dozens of hostages taken that day remain in captivity.

Understanding Israeli anger

This terror attack and the subsequent Israeli invasion of the Gaza strip led to a war that has cost the lives of tens of thousands of Gazans. Hundreds more have been killed in the occupied West Bank. Through bombing and starvation, it is the civilians of Gaza, especially children, who pay the heaviest price today.

It is at times understandable why so many want to avoid talking about this complex and long-running conflict. It is especially difficult when those advocating for one side or another can be so focused on the wrongs of Hamas or the Israeli government that the civilians and the rules of conflict that seek to protect them are overlooked. As is too often the case in our discourse, polarisation trumps nuance and considered discussion.

It seems a statement of the obvious that it is OK to understand Israeli anger over the October 7 killings, in a country where many will have family members with first-hand experience of genocide. It is understandable that Israel takes its security and that of its citizens deeply seriously given that legacy and the fact that its neighbourhood is a rough one.

At the same time, it is also OK to think that Israel’s response is disproportionate, going beyond self-defence, and that it is in breach of international law. One can be appalled at Israel’s actions and the extreme levels of human suffering that have been and continue to be visited upon the people of Gaza, whilst also being appalled at Hamas’s attacks.

As one respected international aid agency put it on the front page of the part of its website covering the war in Gaza: “Médecins Sans Frontières/Doctors Without Borders (MSF) is horrified by the events that began on Saturday 7 October – both the brutal mass killing of civilians perpetrated by Hamas in Israel, and by the ongoing campaign of ethnic cleansing of Palestinians now being pursued by the Israeli military in Gaza.”

A one-sided war

The loss of perspective in our political discourse and increasing polarisation and disrespect for the international rules-based system will have consequences for everyone. It makes Israel less secure by radicalising yet another generation of Palestinians who will be bearing witness to the violence of such a one-sided war.

The impact of polarisation will ensure that debate and discussion become less constructive. Donald Trump’s cracking down on freedom of speech on this issue and Israeli Prime Minister Benjamin Netanyahu lashing out at political leaders who dare criticise his government, as appeasers of Hamas, are both attempts to close down constructive debate and freedom of expression.

Democracies are better decision-makers than autocracies because we debate and discuss difficult issues, any undermining of that damages our response to complex challenges.

The greatest impact may be on the international rules-based system. That is the system which has kept us secure since the end of the Second World War and that autocrats like President Xi of China and Putin of Russia so badly want to undermine.

Among the greatest threats to international law are the perception of double standards and the undermining of that rules-based system by democracies. In recent years, that has been apparent with the invasion of Iraq or even with the UK turning its back on the European Union.

Ethnic cleansing

There is now significant evidence of Israel’s disregard for international law and the weakness of the UK’s response simply underlines those accusations.

There have been calls for the ethnic cleansing of Gaza and even letting the civilian population die of hunger. This has been criticised by states across Europe and also in Israel itself, with former Prime Minister Ehud Olmert saying that his country is committing “war crimes” and the deaths of Palestinians are reaching “monstrous proportions”.

Yet, during this period, the UK is still promoting trade with Israel and still selling arms to the country. This comes amid Trump’s attack on the International Criminal Court, something that will be welcomed by despots and war criminals who had so much to fear from that institution.

The disrespect for international law is hugely damaging to us all. The global rules-based system only works if we apply and respect the basic principles of the rule of law. There can be no special exceptions, and the law must be applied equally without fear or favour. Special dispensation given to Israel by some policymakers in Washington, London and elsewhere is hugely damaging.

The rule of law must be respected everywhere, or it is impossible to uphold anywhere. And so how the UK Government responds to any breaches of international law, be it in the Middle East or elsewhere, really does matter.

Stephen Gethins is the MP for Arbroath and Broughty Ferry