British MP says UK spy planes over Gaza must stop now arrest warrants issued
Independent MP Ayoub Khan has called for Britain to "stop all activity with the Israeli government", including sharing intelligence from surveillance flights over Gaza, after international arrest warrants were issued for Israel's prime minister.
In an interview with Middle East Eye on Thursday, the MP for Birmingham Perry Barr, a barrister and member of the Independent Alliance group of five MPs, said the warrants make the government's denial that Israel is committing genocide in Gaza untenable.
Last week, Prime Minister Keir Starmer told Khan in parliament that he is "well aware of the definition of genocide", adding that is why he had never described Israel's actions in Gaza as such.
Khan told MEE that "establishing intent is paramount" when identifying a genocide.
"The only argument that Prime Minister Starmer and Foreign Secretary David Lammy could have advanced to argue this is not genocide would relate to intent. As a criminal practitioner, I can tell you that," he said.
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"We've got the act," he added. "The killings and the destruction of universities, medical facilities and infrastructure in Gaza are indisputable. But all of that had been done in the name of self-defence."
The International Criminal Court arrest warrants, issued on Thursday for Benjamin Netanyahu and his former defence minister Yoav Gallant, challenge the argument of self-defence to an unprecedented degree, the MP argued.
'There has to be a prima facie case to show there was intent, and that is what has now led to the highest court in the world ordering the arrests'
- Ayoub Khan MP
They are wanted for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts.
However, the Labour government has refused to say whether Netanyahu would be arrested if he stepped foot on British soil.
"The threshold for the ICC to issue those arrest warrants are significantly high. We're talking about leaders of a democratic country," Khan said.
"So there has to be a prima facie case to show there was intent, and that is what has now led to the highest court in the world ordering the arrests," he added.
"That fortifies the Independent Alliance's position calling Israel's actions a genocide."
The alliance wrote to the prime minister on Thursday evening asking whether the government will comply with the ICC's ruling.
"Ultimately," the letter said, "you must decide: are you on the side of Israeli impunity or international law?"
A British government spokesperson told MEE: “We respect the independence of the International Criminal Court (ICC), which is the primary international institution for investigating and prosecuting the most serious crimes of international concern.
“This government has been clear that Israel has a right to defend itself, in accordance with international law. There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organisations.”
Starmer's denial of genocide
Earlier this week the five MPs asked Starmer what Britain is doing to comply with its obligations to prevent genocide.
They also wrote to the UK's attorney general, Richard Hermer, asking whether he has offered the prime minister legal advice on the issue.
'The prime minister's denial was disturbing to say the least'
- Ayoub Khan MP
Khan said Starmer's denial that Israel is committing genocide is "disingenuous", since in 2014 he argued as a human rights lawyer at the International Court of Justice (ICJ) that Serbia committed genocide against Croatia.
The total death toll in the Serbia-Croatia conflict of 1991-1995 was 20,000 people, mostly Croatians. Israel has killed more than 44,000 Palestinians in Gaza since October last year.
"Every aspect of Starmer's submissions in that case could easily be applied to Gaza. The parallels are so obvious that the prime minister's denial was disturbing to say the least," Khan said.
"The prime minister is not entitled to mislead parliament, and if his statement was his personal view as opposed to the formal government position he should apologise and make that clear."
Breaking ties with Israel
Several experts told MEE on Thursday that the UK is legally obliged to uphold the warrants and must arrest Netanyahu and Gallant if they step foot on British soil. France and the Netherlands have said they would enforce the warrants.
Khan said the government should go further and stop "all activity with the Israeli government".
"We must comply with the advisory opinion issued by the International Court of Justice in July, which says states must do everything not to give diplomatic cover to the Israeli government," he added.
"This means suspending all arms sales and all trade deals. We cannot assist a nation that has its leadership wanted by an international tribunal."
He highlighted that Britain's Royal Air Force has flown at least 450 surveillance flights over Gaza since early December.
The defence ministry has not officially disclosed any details about the flights, but it has said they are solely focused on gathering intelligence to help secure the release of captives, including British nationals, seized on 7 October 2023.
Naledi Pandor, former South African foreign minister, said earlier this month that these flights are "collusion with what has been called a crime against humanity".
Khan told MEE that Britain should not share intelligence gained from these surveillance flights with Israel, especially in light of the ICC's arrest warrants.
"We should not be providing any assistance, including through spy planes," he said. Middle East Eye has asked the Foreign Office for comment.
The MP argued that it was ridiculous for the government to continue taking the Israeli government at its word, especially since it refused to allow independent observers and foreign journalists into Gaza.
"The Israeli government tells Britain we should accept what they say as a matter of fact. Sometimes I look around the chamber [the House of Commons] and think, how can people take this? It's almost like a circus."
The Independent Alliance, he said, would continue pressurising the government.
"We're in a good position to hold them accountable."
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