Are Labour ministers guilty of joint enterprise crimes on Gaza?

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The UK government made pathetic gestures yesterday on Gaza, aimed at Israel.

David Lammy, in his role as Foreign Secretary, told the Commons, according to The Guardian, that the further planned major military incursion into Gaza by the Israel Defence Forces was:

“morally unjustifiable, wholly disproportionate and utterly counterproductive”.

But there was no mention of genocide, despite many demands in the Commons by MPs of all sides that this word be used.

And reports by those who track RAF aircraft on social media suggested that an RAF transport plane, that could only have been carrying supplies, landed at Tel Aviv airport yesterday, and reconnaissance flights were flown over Gaza by RAF planes, presumably to provide data to Israel which will, no doubt, support their offensive there.

In that case, so what if Lammy can put on an appearance of being annoyed? The actual sanction is that we are not going to continue talks on a trade deal, as if such a thing has any real consequence. Lammy apparently thinks threatening to give less favourable terms to Israeli avocados is a trade-off with the lives of the 14,000 Palestinian children who are thought to be at immediate risk of death from starvation over the next few days.

What is there to conclude from this? Three things, I suggest.

First, the Labour front bench has suddenly realised that they are at risk of international sanctions and even prosecution if they do not appear to stand up to Israeli war crimes now.

Second, they think a little bluster will get them off the hook.

Third, nothing about their Zionist policy has really changed.

What has been clear since October 2023 is that we would end up in this situation.

I have also been saying since then that Labour's fence-sitting on this issue would get it nowhere.

But, Labour has always fence sat.

It has always resorted to a claim that it supports a two-state solution as a way of doing precisely nothing, whilst simultaneously refusing to recognise Palestine as a state.

And it is still doing nothing, whilst covertly aiding Israel.

Should the Labour leadership be worried about sanctions for war crimes? In my opinion, yes. They have stood aside and let this situation develop. They could see what was happening. And even now, they will not describe what is really going on, or use the appropriate form of words to condemn the actions of those whose next stop should be in the Hague, with life sentences for what they have done.

Yesterday, Labour ministers defended the use of the legal concept of joint enterprise in English criminal law. Joint enterprise, which is also known as secondary liability or complicity, is a legal doctrine where individuals can be held criminally liable for a crime committed by another if they assisted or encouraged that person. This means that someone can be found guilty of a crime even if they didn't directly commit it, as long as they played a role in making it happen. This is what I think Labour ministers can be accused of with regard to the genocide in Gaza by Israel.

Starmer and Lammy should look worried. So should defence ministers. They have aided and abetted Israel. I hope they pay the price for doing so. Justice should be seen to be done when the charge is of assisting genocide.


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