Mr Hamish Falconer

Mr Hamish Falconer

Labour — Lincoln

Speaking in the House of Commons on 4 June 2025

Debate

Israel and the Occupied Palestinian Territories

Contribution

Of course we have regard to and concerns for Palestinian people. The questions at issue in the assessment of risk are complicated legal ones. They are complicated because the corpus of international humanitarian law ends up relying a great deal on what is in the mind of a commander when they make a decision. International humanitarian law is tightly constrained, and it is difficult to make conclusions about what is in the mind of a commander who will not share their thoughts with us. That is why, when we make determinations, we consider other limbs of international humanitarian law. We are not saying that in all the cases, the action was proportional and necessary to meet the military objectives, but where we cannot determine that, we can look to other limbs. Those limbs include the obligations on an occupying power relating to the provision of aid and the treatment of detainees. Those are easier tests to meet, because they do not require knowing what is the mind of a commander.

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