Gaza – The International Court, Genocide Convention and Humanitarian Law

The problems the LibDems have had in dealing with the legal complexities of Genocide Convention and how International Humanitarian Law allows States to intervene – Now!

Rights-Liberties-Justice/LibDemLawyers (“R-L-J/LDLA”) have taken the position that allegations against the State of Israel of Genocide have to be determined by the International Court of Justice. Whilst what has been happening in Gaza is apparent nightly on television screens, as lawyers, the Court must reach its own judgment.

The International Court issued an interim ruling on 26 January 2024 in the case of South Africa v. Israel, regarding alleged violations of the Genocide Convention in the territory of Gaza[1]. The Court decided that some of the actions alleged by applicant state were ‘plausibly’ within the scope of the Convention.

However, at that time, the International Court continued by ordering ‘provisional measures’[2] to prevent further harm:

Israel must take all steps to prevent acts of genocide.

Prevent and punish incitement to genocide.
Ensure humanitarian aid reaches Gaza.
Preserve evidence relating to allegations of genocide.

The Genocide Convention[3] imposes a basic legal requirement on States to each take ‘reasonable action’ to contribute toward preventing genocide. That duty extends outside its own territory and applies regardless of whether any one State’s actions alone are sufficient to prevent genocide.

The Court also stated that,

“if the State has available to it means likely to have a deterrent effect on those suspected of preparing genocide, or reasonably suspected of harbouring specific intent, it is under a duty to make such use of these means as the circumstances permit”.

The United Kingdom’s Responsibility

Third party states, such as the UK, may become liable if that State clearly fails to take all measures that are within its power to prevent acts of genocide, and could contribute to preventing such genocide.

The Liberal Democrats position.

The Liberals Democrats have always expressed their abhorrence of the actions of Hamas on 7 October 2023. As a party we believe that hostile opponents should resolve differences by discussion and agreement and not violence.

LibDems Commitment to a Two-State Solution

LibDems reaffirmed their support for a two-state solution at its Autumn 2024 Conference[4]:

– Immediate recognition of Palestine.

– Stop trade with illegal Israeli settlements.

– Sanctions on leaders of illegal settler.

– Support for elections in Palestine and future investment.

Parliamentary Action: Early Day Motion (EDM 1385)[5]

(Ed Davey on 3 June 2025, signed by all LD MPs)

After denouncing the actions of Netanyahu’s government and calling from the remaining 58 hostages to be released the motion called for the UK government:

to develop an alternative plan with other states to take aid into Gaza through a humanitarian corridor;
immediately ban arms exports to Israel;
suspend the 2030 roadmap for UK-Israel bilateral relations;
expand sanctions to include ministers Ben-Gvir, Smotrich and Katz and other culpable Israeli politicians;
to recognise Palestine as part of a two-state solution.

However, none of these proposals affected the allegations of possible genocide or practical ways of dealing with the visible atrocities, whether or not the International Court rules that they meet the legal criteria of the Genocide Convention.

Ed Davey – PMQ’s 16/07/2025[6]

Ed Davey asked:

Netanyahu’s Ministers want to lock the whole population of Gaza into what is effectively a giant prison- a plan that would amount to ethnic cleansing, as former Israeli Prime Minister Olmert has said. Does the Prime Minister agree that that is utterly abhorrent and unacceptable?

The Prime Minister was critical but noncommittal about action

The Foreign Secretary, David Lammy:has called Israel’s aid system in Gaza “inhumane,” “grotesque,” and “monstrous”, citing the reduction of aid points from 400 to just 4, which has led to over 800 deaths at aid sites.
has described the proposal to relocate 600,000 Palestinians to a “humanitarian city” in Rafah as “egregious” and a violation of international humanitarian law.
Has denounced Israeli minister Smotrich’s comments about “cleansing” Gaza as “repellent extremism”.

However, whilst much military aid has been cut not all and other action has been missing attracting Conservative MP Kit Malthouse to warn David Lammy he could “end up at The Hague” for alleged inaction, accusing him of complicity by failing to halt arms exports.

Growing concerns of Liberal Democrats and others

LibDem Friends of Palestine have marched and made representations. One of R-L-J/LDLA’s officers recently wrote in a personal capacity to all 72 LibDem MPs but only received two (unsatisfactory) replies even though a party membership number was quoted. The letters were individually posted and included handwritten parts

Whether correct or not, the appearance was, until recently, it appeared that the LibDem MPs were adopting a ‘balanced approach’. For example, Ed Davey’s question at PMQ’s⁶ was about anti-Semitism. It was only the supplementary question that referred to Gaza.

It now, however, appears that the concerns of the party and the public is being heard by LibDem MPs and that the “reasonable action” suggested by the International Court has, so far, has had no effect in preventing the atrocities. Whilst one may ask why it took so long, to listen to the concerned, it appears the LibDem Parliamentary Party is now fully concerned. The Party must now use every effort to this exert pressure to address this humanitarian crisis.

What else can be done?

International Humanitarian Law

The UK justified intervention in Syria in 2018 under the doctrine of humanitarian intervention as part of basic international law. This doctrine allows action without the authorisation of the Security Council of the United Nations, if three precise conditions are met. The UK Government set out these conditions in 2018[7]. There must be:

Extreme humanitarian distress – there is no doubt that this exists in Gaza
No practical alternative – political and diplomatic pressure on Netanyahu has not been successful.
Proportionality and necessity – if force is used it must be limited to the requirement of preventing suffering.

Of course, Britain could not act on its own, but it has already become part of a “Coalition of the Willing”[8] prepared to act without the USA. It also has its airbase (RAF Akrotiri) on the southern coast of Cyprus, which is 255 miles to the Northwest of Gaza, across the Eastern Mediterranean. Such a coalition could launch a humanitarian rescue operation and, whilst one would hope it would not be necessary, could defend itself. If a ‘Coalition of the willing’ were to be assertive in respect of the humanitarian mission, it is difficult to believe that the IDF would confront them.

The British Aircraft carrier ‘The Queen Elizabeth’ is currently only 5-7 days away and HMS Dauntless (Destroyer), HMS Richmond (frigate) RFA Tideforce and RFA Tidespring (logistic tankers), HMS Astute (submarine) are already in or close to the Mediterranean.

This course of action has just been supported by a Davey who has tweeted (24/07/25):

“The Prime Minister must act with immediate airdrops of much-needed aid into Gaza and get other countries to do the same. It is simply inhumane that Gaza faces starvation due to Israel’s aid blockade. Words alone won’t save lives.”[9]

Actions of individual members of the Israeli Defence Force

Individual soldiers have clear obligations under international law not to commit war crimes including the killing of unarmed civilians. These were codified in the 1949 Geneva conventions (article 3) and the 1998 Statute of the International Criminal Court[10] (article 8).

Commanders have higher responsibilities if they know all should have known about such crimes and failed to act or punish them.

Duty to report

There is also a duty on soldiers to report any suspected war crimes.

Following Russia’s invasion of Ukraine in February 2022, the UK proactively took steps to gather evidence of war crimes by placing posters and signs at UK points of entry. Posters asked arrivals from Ukraine if they had witnessed war crimes, been victims of war crimes or received any evidence.

The Metropolitan Police War Crimes Team as part of the Counter Terrorism Command assessed evidence that could be passed to the International Criminal Court.

There continues to be a portal[11] for reporting possible war crimes to the Metropolitan Police

There are some 300,000 arrivals in the UK from Israel each year. A similar invitation could be given to such arrivals and where there is suspicion that arrivals could have been involved in war crimes such arrivals could be interviewed.

Other actions

There are no doubt other ways in which pressure can be bought on Israel and should be considered urgently, given that what was considered reasonable by the International Court in January 2024 for suspicion of genocide, is now an overt humanitarian crisis.

Liberals as far back as Gladstone and his campaign against Bulgarian atrocities have always stood out against war crimes.

The ‘International Community’ has always been lamentably slow in acting against atrocities committed against fellow humans. A ‘Coalition of the Willing’, without US assistance, should have acted before, but humanitarian atrocities in Gaza must do so now.

Liberal Democrats must ensure that we are at the forefront of demanding action, now.

Graham Colley

24 July 2025

[1] https://www.icj-cij.org/case/192

[2]192-20240126-ord-01-00-en.pdf

[3] https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf

[4] The Israel-Gaza Conflict – an immediate bilateral ceasefire and securing two states – Liberal Democrats

[5] Gaza (No. 2) – Early Day Motions – UK Parliament

[6] PMQs: Ed Davey questions Starmer on rising levels of antisemitism and Gaza – YouTube

[7] Syria action – UK government legal position – GOV.UK

[8] Coalition of the willing (Russo-Ukrainian War) – Wikipedia

[9] https://www.icrc.org/en/law-and-policy/geneva-conventions-and-their-commentaries