Letter To Shabana Mehmood – Gaza Petitions

Please click here to sign the petition. https://forms.office.com/e/Pt7b0yLzWX

Shabana Mahmood

Member of Parliament for Birmingham Ladywood and Shadow Secretary of State for Justice

Sent electronically: shabana.mahmood.mp@parliament.uk

10 November 2023

We the undersigned are residents from the Ladywood Birmingham constituency (Aston; Bordelsey & Highgate; Bordesley Green; Holyhead; Ladywood; Lozells; Nechells; Newtown; North Edgbaston; and Soho and Jewellery Quarter) and write to express our grave concerns over your current approach in relation to the plight of the Palestinians.

1. BACKGROUND: THE “RISK OF GENOCIDE” AND “CRIMES AGAINST HUMANITY”

As we write to you, the situation in Palestine has reached a profound point of crisis, the repercussions of which resonate deeply with an overwhelming majority of your constituents. We are horrified by the rapidly escalating death toll of innocent civilians including thousands of children, the destruction of homes and infrastructure and the displacement of millions of Palestinians. It is in the spirit of humanitarian concern and a commitment to the upholding of international law that we write to you to demand that you address this matter immediately with the utmost urgency in a manner that reflects the gravity of the situation for the civilian population of Gaza and in a manner that is consistent and aligned with the position of the majority of your constituents.

Since the Hamas led attacks on 7 October, Israel has engaged in an unprecedented and disproportionate attack from air and land which has indiscriminately maimed, injured and killed thousands of innocent civilians. As you are no doubt aware, the following has occurred from 7 October – 1 November 2023:

8,805 Palestinians have been killed[1] (and whilst we do not wish to diminish the tragic loss among the Ukrainians, we draw a comparison to provide context – there have been “nearly 10,000” Ukrainian deaths since the conflict began in February 2023, spanning a period of twenty months)[2]);
67% of Palestinian deaths have been women and children[3];
There have been 22,240 Palestinian injuries[4];
Over 1.4 million Palestinians have been displaced[5];
Use of white phosphorous in populated areas has been reported by Human Rights Watch[6];
177,781 homes or 45% of all housing units in Gaza have been damaged[7];
There have been 72 attacks on healthcare facilities; ambulances and medical staff in Gaza[8];
Telecoms and internet services have been cut off for the second time on 1 November 2023[9]; and
2 million people have been deprived of essential food, fuel, water, electricity and medicine[10].

The above highlights a complete disregard for Palestinian lives and international laws, for which there cannot be any form of justification. Nine UN Special Rapporteurs (being independent experts appointed by the UN Human Rights Council to report on a human rights situation) have advised that the UN Security Council has repeatedly condemned the use of starvation as a method of warfare and the denial of humanitarian access and depriving civilians of objects indispensable to their survival are a violation of international humanitarian law. They have further advised “that there is also a risk of genocide against the Palestinian People” [emphasis added] and these are “crimes against humanity in Gaza”[11].

The above has not happened by accident. It has happened by design, as ordered by Israeli Prime Minister Benjamin Netanyahu who stated “this is a struggle between the children of light and the children of darkness, between humanity and the law of the jungle[12]”. In addition:

The Israeli Defence Minister Yoav Gallant stated he had “released all restraints”; “we are fighting human animals[13]” and the plan “is to eliminate everything[14]”; and
Major General Ghassan Alian, Head of The Coordinator of Government Activities in the Territories noted “there will be no electricity and no water, there will only be destruction. You wanted hell, you will get hell.[15]”

It is critical to flag and call out the dehumanisation of the Palestinian people by the Israeli Government through its use of language since this is what opens the door for cruelty and genocide. It ought not to be lost that, based on what historic genocides have taught us, this is history repeating itself. Most notably:

during the Holocaust, Nazis referred to the Jews as rats and ‘Untermenschen’ (subhumans)^[16];
the Hutus involved in the Rwanda genocide called Tutsis cockroaches^[17]^[18];
sub-Saharan Africans and Native Americans were described as ‘soulless animals’; and
slave owners throughout history considered slaves subhuman animals.

It is no coincidence that the Israeli Government is describing the Palestinians as animals and sub-human. History teaches us that the dramatic dehumanisation of a population makes it possible for great atrocities to take place. We can see where this is heading. It is thus imperative for those in public positions of power like you to speak out against not only the extreme injustice but also the tools being used to pave the way for such injustice and atrocities.

Given the horrific situation in Palestine (which, nearly four weeks on, shows no sign of abating), numerous respected individuals and independent bodies have called for an immediate ceasefire, including:

95 MPs who have supported the “Protecting civilians in Gaza and Israel” motion[19];
Over 150 Muslim Labour councillors[20];
The UN Secretary-General Antonio Guterres[21];
378 aid agencies including Oxfam, Save the Children, Christian Aid, War Child UK and United Nations Association – UK[22];
9 UN Special Rapporteurs[23];
Amnesty International[24]; and
The UN Committee on the Elimination of Racial Discrimination[25].

We also note that a YouGov poll on 19 October 2023 found 76% of Britons (89% of Labour Party voters) said there should be an immediate ceasefire[26]. Despite this public opinion, neither you (in your individual capacity), the Government, nor the Labour Party have called for a ceasefire. This is deeply concerning and your respective positions do not, as the poll suggests, reflect the strong public opinion and those who you each represent. We cannot and will not tolerate our elected representative failing to unequivocally and vociferously call for a ceasefire.

2. BREACHES OF INTERNATIONAL LAW

A letter dated 26 October 2023 addressed to the Prime Minister, Home Secretary and Secretary of State for Defence from 787 UK lawyers including 60 Kings Counsels (including Geoffrey Bindman KC, Andrew Hall KC (former head of the Criminal Bar Association), Michael Mansfield KC and Theodore Huckle (former counsel general for Wales) and numerous professors of law (“UK Lawyer’s Letter”) provides a clear analysis on the legal status of current events in Palestine. It states (inter alia) that[27]:

International law prohibits the failure to allow the unimpeded passage of humanitarian relief, including food, water, medical supplies, fuel etc;
The starvation of a civilian population as a method of warfare, as Israel is doing in Gaza, is strictly prohibited under international law and constitutes a war crime;
International law prohibits the forcible transfer of a civilian population from one area to another. Breach of this constitutes a war crime and a grave breach of the Geneva Conventions; and
The sheer scale of the loss of life and injury in Gaza together with the widespread damage to civilian objects and infrastructure indicate clear breaches of those principles and rules, and violations of international law.

3. THE LABOUR PARTY’S FAILURE TO ACT

As Craig Mohkiber, former Director of the New York Office of the UN High Commissioner for Human Rights, highlighted:[28] “The governments of… the United Kingdom are wholly complicit in the horrific assault. Not only are these governments refusing to meet their treaty obligations… but they are in fact actively arming the assault, providing economic and intelligence support, and giving political and diplomatic cover”.

This lies at the feet of the current Government. However, the role of the Labour Party, as the opposition, is to question and scrutinise the actions of the Government. Not only has the Labour Party failed wholeheartedly to do that, but, even worse, Sir Kier Starmer stated on LBC on 11 October 2023 that Israel has a right to cut off power and water to the Palestinian people[29]. It was not until 12 days later (and following the deaths of thousands of more Palestinians) that Mr Starmer “clarified” his comments [30]. That was too little, too late. Further, as noted above, the Labour Party has still not called for an immediate ceasefire. We can only conclude that the Labour Party is happy to see the above suffering continue. How many more innocent Palestinians will have to die before the Labour Party calls for an immediate ceasefire?

A recent Muslim Census survey from a sample of 30,000 people shows only 4.9% of Muslim voters would vote for the Labour Party at the next general election. This would mean the Labour Party’s Muslim vote share would fall from 71% in 2019 to just 4.9% today[31]. This underscores a growing disillusionment with the party’s position – one that cannot be understated. We would strongly advise you and the Labour Party to give due priority to this clear message from the Muslim community (a sentiment not just supported but also resonated by other communities).

It is becoming increasingly apparent that the Labour Party no longer represents our interests and concerns. We have lost our confidence in your party and unless you support the cause of the Palestinians in this current conflict and call for an immediate ceasefire, our confidence in you as our elected representative will also wane.

4. MANDATE FROM YOUR CONSTITUENTS

Despite the horrifying events that continue to unfold in Palestine, your, and the Labour Party’s, failure to call for an immediate ceasefire is deeply concerning. Again, how many more innocent Palestinians will have to die before you act? In the UK Lawyer’s Letter, the signatories state that the UK must do everything in its power to prevent or bring to an end any violations of international law by other parties. As a state party to the Genocide Convention, the UK Government is also required to prevent genocide where there is a risk of genocide occurring. Consistent with the request made in the UK Lawyer’s Letter, we, the undersigned, demand you call publicly, and persistently lobby the Labour Party to call publicly, for an immediate ceasefire and for the immediate provision of unrestricted food, water and emergency supplies to the Palestinians in Gaza.
As UN Secretary-General Guterres stated: “Even in this moment of grave and immediate danger, we cannot lose sight of the only realistic foundation for a true peace and stability: a two state solution.[32]“ As Mr Mohkiber also noted: “In the West Bank, including occupied Jerusalem, homes are seized and reassigned based entirely on race, and violent settler pogroms are accompanied by Israeli military units. Across the land, Apartheid rules” [33][emphasis added]. We, the undersigned, demand you call publicly, and persistently lobby the Labour Party to call publicly, for a two-state solution to be implemented without delay.
Consistent with the request made in the UK Lawyer’s Letter, we, your constituents demand you call publicly, and persistently lobby the Labour Party to call publicly, for an immediate end to the export of weapons from the UK to Israel given the clear risk they might be used to commit serious violations of international humanitarian law.

Based on your (in)actions to date in these critical life and death circumstances, we regret to inform you that, at present, you no longer have our trust and confidence. We do not consider that you are fit to represent us and nor do you serve our interests. We note that a general election is likely to take place in 2024. Without a clear and immediate demonstration of your commitment to properly represent our interests in line with this letter with the urgency and attentiveness they require, we do not intend to vote for you in next general election.

Signatories

[1] https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-26

[2]https://news.un.org/en/story/2023/10/1141872#:~:text=Civilians%20continue%20to%20pay%20a,a%20report%20published%20on%20Wednesday.

[3]https://www.who.int/news/item/03-11-2023-women-and-newborns-bearing-the-brunt-of-the-conflict-in-gaza-un-agencies-warn

[4] https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-26

[5] https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-26

[6] https://www.hrw.org/news/2023/10/12/questions-and-answers-israels-use-white-phosphorus-gaza-and-lebanon

[7] https://lawyersletter.uk/wp-content/uploads/2023/10/theletter.pdf

[8] https://www.msf.org/five-ways-war-gaza-impacting-palestinians-health

[9] https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-26

[10]https://www.timesofisrael.com/liveblog_entry/defense-minister-announces-complete-siege-of-gaza-no-power-food-or-fuel/

[11]https://www.ohchr.org/en/press-releases/2023/10/gaza-un-experts-decry-bombing-hospitals-and-schools-crimes-against-humanity