British government criticised over failure to install Gaza war crimes team

In response to foreign affairs committee report, Whitehall denies request for envoy to investigate Palestinians detained by Israel

Pro-Palestinian protesters calling for an investigation into alleged Israeli war crimes. Britain's government rejected a parliamentary request to gather evidence on apparent war crimes in Gaza. EPA

The British government has been criticised by MPs for failing to create a team to gather evidence over war crimes allegedly committed by Israel throughout the Gaza war.

Parliament’s foreign affairs committee had asked for the UK to set up teams similar to those that investigate incidents in the Ukraine war, collecting evidence “for potential future legal processes”.

It called on the government to use its expertise and contacts “to set up a similar project in Gaza to preserve and record evidence on both sides of the conflict”.

However, in its formal response published on Thursday, Whitehall only “partially” agreed with the recommendation and while it had concurred with the committee on “the importance of accountability” it said it had to respect the independence of international courts.

But the UK government highlighted it had “called for independent investigations into incidents where there are reports of breaches of international humanitarian law and accountability for those found responsible”.

Emily Thornberry, chairwoman of the committee, said she was “disappointed that the government did not commit to a formal evidence gathering mechanism” to assist with “the coming legal reckoning over the conflict in Gaza”.

Since Hamas’s attacks on October 7, 2023, human rights groups have reported that more than 30,000 Palestinians have been detained by Israel, including those who were later released.

Palestinians in the remains of a destroyed building following an Israeli air strike at the Al Shati refugee camp in Gaza city. Bloomberg

In its report, the committee had called on the Foreign Secretary to “agree and publish a definition of arbitrary detention”, and to establish an “envoy for arbitrary detention” and publish the objectives for the role.

However, the government again only “partially agreed” with this recommendation, stating it would create an envoy “to work on the most complex detention cases but disagrees with the committee on the definition”.

It said it was “working at pace” to do so, and that the envoy would seek to support families while delivering “the government’s case strategies for the most complex detention cases”.

“There are a large number of factors that may render an individual’s detention arbitrary but there is not a single internationally agreed definition,” it added in the response.

Ms Thornberry said she was also disappointed that there was “no timeline for the appointment of a special envoy for arbitrary detention”.

“The government’s actions in relation to Israel and Palestine have too often been too little, too late,” she said. “Now is the time to take the initiative,” she said, before adding that Britain should “use its convening power to turn a ceasefire into a secure peace”.

However, the government did agree with the report on a number of recommendations, including immediate independent foreign media access to Gaza, as well as encouraging countries that have established diplomatic relations with Israel to “take part in peace efforts”.