IT APPEARS that Tony Blair's tendency to exclude history from
his decisions has been adopted by David Cameron. The European
Convention on Human Rights, from which the UK Government is at
present trying to extricate itself, has its roots in British
history and was framed, at least in part, by British architects.
The UK Parliament was one of the first to ratify the Convention in
1951, and the ability of UK citizens to appeal to the European
Court of Human Rights dates back to 1966. Mr Cameron argues that
the British courts are perfectly capable of protecting the rights
of its citizens without interference from Europe, but that is not
the point. What is at issue is the fundamental concept of
international law. If a country such as Britain is seen to reject
an agreement that places national determinism above the rights of
an individual - let us say, a victim - then a fundamental principle
is undermined. In the same way, the persistent resistance of the
United States to the authority of the International Criminal Court
in The Hague has weakened that institution, and given less
scrupulous governments an excuse to ignore it.
It is in this context that the United Nations' Commission of
Inquiry into the 2014 violence in Gaza must be viewed. An estimated
2324 people were killed and 12,831 were injured. More than half a
million people were displaced. The mandate for the United Nations
Commission was enshrined in international human-rights law. They
saw their remit as representing the victims and determining, as
best they were able, whether any criminal acts were involved in the
conflict. Its brief was limited. There is no law against killing
enemy soldiers (although other laws come into play if the
definition of "enemy" is not clear). The Commission concerned
itself with the allegation that those directing the fighting in
Gaza - the Israeli Defence Force and Hamas - had little or no
regard for civilian casualties during their conduct of the war. On
the evidence that the Commission was able to gather (280 interviews
with victims and witnesses; more than 500 written submissions), it
concludes that both the IDF and Hamas have a case to answer.
The difficulty is that neither the Israeli government nor Hamas
was willing to co-operate with the UN Commission. The Israelis
blocked the commissioners' access to the Occupied Territories;
neither body responded to the commissioners' list of questions;
both have repudiated the commissioners' findings. This matters, and
not only because the victims of the war are unacknowledged and
uncompensated. Many are bereaved and homeless. The greatest
casualty, though, is the concept that governments can be held
accountable for their actions by their peers. As sabres rattle over
Ukraine, the UK Government's stance is therefore supremely
unhelpful. In order to hold others to account, one must make
oneself accountable.