after the country's highest court ruled that the government's policy was unlawful. the court found there was a real risk that asylum seekers who were sent to rwanda could be wrongly assessed, and returned to their country of origin, where they could face persecution. rishi sunak says new emergency legislation will enable parliament to "confirm rwanda is safe" and that he remained committed to stopping thousands of migrants crossing the channel in small boats every year. here's our political editor chris mason: the geography of power — parliament in the background this morning. the supreme court in focus. refugees cannot be returned to their countries of origin if their life and freedom would be threatened. it's known as the principal of non—refoulment, and at precisely ten o'clock this morning it proved crucial. the legal test which has to be applied in this case is whether there are substantial grounds for believing that asylum seekers sent to rwanda would be at real risk of refoulement. in the light of the evidence which i have summarised, the court of appeal concluded that there were such grounds. we are unanimously of the view that they were entitled to reach that conclusion. the home secretary's appeal is therefore dismissed. the language of the courtroom can occasionally be barely decipherable mumbo jumbo. a not today. we have seen and heard the words in court and here they are written down. and they are plain and they are simple. the government has lost. its rwanda plan is in tatters. the prime minister is growing used to political defeat. today, legal defeat. so what on earth does he do next? we have prepared for all outcomes of this case. and so we have been working on a new international treaty with rwanda. this will provide a guarantee in law that those who are relocated from the uk to rwanda will be protected against removal from rwanda. and it will make clear that we will bring back anyone if ordered to do so by a court. we will finalise the treaty in light of today's judgment and ratify it without delay. i am also announcing today that we will take the extraordinary step of introducing emergency legislation. this will enable parliament to confirm that with our new treaty, rwanda is safe. he added he was willing to confront the european court of human rights. i will not allow a foreign court to block these flights. if the strasbourg court chooses to intervene against the express wishes of parliament, i am prepared to do what is necessary to get flights off. labour are scathing but face tough questions themselves. he was warned many times about the problems and yet he still pushed ahead, still made it the central part of his plan. clearly dealing with this is difficult and would be difficult for you if you were in government. what in precise terms would you do? we need a major plan to go after the criminal gangs who have been allowed to take hold along the channel. they are undermining our border security. clear skies at westminster today but there was a sulphurous mood among some conservative mps while they waited to hear from rishi sunak. when people around here say something is a "confidence issue", what they really mean is they are losing confidence in the prime minister. delivering the policy of stopping the boats is a confidence issue of the british people in this government. it is certainly a confidence issue for my voters in me. by extension therefore it is a confidence issue for me in the prime minister. the sovereignty of our country should not be in question. we should be able to control our own borders and i find it very sad today for people who are looking for this government to deliver on that important pledge. and so plenty of questions for the prime minister. you gave your home secretary the heave—ho on monday. the court has shredded your rwanda plan today. it's a total shambles, isn't it? we have returned 20,000 people. we have made thousands of arrests. all while the numbers in europe are getting worse. that actually shows that when i said we would stop the boats, when i made that speech injanuary, we are delivering, we are making strong progress. but in order to finish the job, in order to get the job done, we need the rwanda deterrent to work. refugee rights are human rights! rishi sunak is still hoping to get migrants on planes to rwanda by the spring. that looks like a big ask tonight. chris mason, bbc news, at westminster. i'm joined now by madeleine sumption, director of there is a marked happening in central london and protesters there, as you can see, marching peacefully and calling for a ceasefire and, of course, that follows a weekend of marches as well. and you can see large crowds they are gathering in central london and they are actually outside, as you can see in the background, there outside the houses of parliament there and we can, of course, also take you inside the house of commons and we are expecting an snp motion to be voted onto the course of this evening, which is calling for an immediate ceasefire in gaza. now, what is key to watching this, is that we are hearing that some labour mps may not vote with their leadership on this but the labour leadership has made it clear that any front bench minister who votes for an immediate ceasefire with the snp, so supporting the snp�*s motion there, will be sacked from their post. so, we are watching that vote in the house of commons at the moment and it is one of two votes that is taking place in the house of commons on that ongoing situation there and it comes as we have also had that a member of parliament for bolton south east has written to sir kier starmer, resigning from her role as the shadow minister, head of that boat, because she says she is going to support an immediate ceasefire in gaza, voting against the party line. we will, of course, come back to that story shortly. there is go back to the other main political story here and that is, of course, the ruling from the uk supreme court on the british government's rwanda policy and its plan to send what say are illegal migrants crossing the channel to rwanda. are illegal migrants crossing the channel to rwanda. i'm joined now by madeleine sumption, director of the migration 0bservatory at the university of oxford. a defeat for the government's policy in the british supreme court but we then saw a defiant veggies and accent he will bring an emergency legislation to make sure that it still happens. what you make of the twists and turns? —— mcvittie sunak. 0bviously, twists and turns? —— mcvittie sunak. obviously, the government can legislate to change uk law but cannot change the facts. the supreme court looked in some detail at the facts and found that rwanda, its view was that rwanda was not saved. the k legislation could require judges to behave as if it is saved. the legislation cannot make rwanda a safer place and cannot prevent it from being an violation of international law. it may come down to a choice if the government wants to a choice if the government wants to send asylum seekers to third countries, it may need to find another country or accept violations of international law. we will get more details in due course about what the government is proposing. from your perspective of someone who studies this, where do you see the next challenge in this? could it go to another court or is that legislation going to get through easily? what are the challenges that the government faces? it is difficult- — the government faces? it is difficult. they _ the government faces? it is difficult. they have - the government faces? it is difficult. they have not - the government faces? it 3 difficult. they have not said in much detail exactly what they are proposing yet and so we will have to see what the processes from here. i think it is important to remember that rwanda, there's been a lot of focus on this particular policy, it is just one part of the government's overall strategy on asylum. and so, you know, there are still other things that the government has been doing. like enforcing, for example, it is actually had to —— it has had some success in reducing the number of albanians crossing in small boats. we do not buy that has happened. probably for the government has done has had some impact there. it is possible that, you know, after what we go through twists and turns the government may need to rely on other policies. ultimately this is a very difficult policy area and no one policy can prevent people from crossing in small boats and that applies to the rwanda policy committee.- small boats and that applies to the rwanda policy committee. thank you ve much rwanda policy committee. thank you very much for— rwanda policy committee. thank you very much for taking _ rwanda policy committee. thank you very much for taking us _ rwanda policy committee. thank you very much for taking us through - rwanda policy committee. thank you very much for taking us through that | very much for taking us through that story from the university of oxford. and we have plenty more on that story on the bbc news website where we are running a live page and there is analysis from our political editor. israel says hamas is running a command centre under the al—shifa hospital. soldiers are said to be searching the complex. the israeli army said five hamas gunmen were killed in a firefight outside. a chief correspondent has sent us this report. armed israeli troops in the grounds of gaza's largest hospital. they released this footage of al—shifa. this hospital is at the heart of a propaganda war. 0ne doctor trapped inside told me that rather than bringing help, israel should stop killing palestinians. they are killing us. they have killed us. the hamas run health ministry released its own video, showing a very different picture, with choking dust filling the corridors. doctors say this is the aftermath of an israeli strike. a hole is clearly visible, medical equipment in disarray. we are trying to save this girl by giving her oxygen manually, says one doctor. reduced to treating his patients in the corridor. israel says the patients aren't the targets. israel is at war with hamas, not with the civilians in gaza. the idf forces include medical teams and they have undergone specified training to prepare for this complex and sensitive environment. with the intent that no harm is caused to the civilians being used by hamas as human shields. but doctors say civilians here have been badly harmed already by a lack of power, oxygen, even water. yesterday, some had emergency surgery without a full anaesthetic. and the most fragile are most at risk. these premature babies packed together for warmth. doctors tell us six have already died. israel says hamas operates below ground at al—shifa, hiding behind the innocent. and washington agrees. so far there is no proof and lives are hanging in the balance. we can go live to sydney. you are the united nations special rapporteur on protecting human rights while countering terrorism and its professional international law at the university of sydney. thank you forjoining us here on bbc news. 0ne thank you forjoining us here on bbc news. one question that a lot of people are trying to understand is at what point our civilian lives protected under international law? and at what point, you know, are israel, for example, as they say, targeting legitimate targets? where is that line in the middle when it comes to the law?— is that line in the middle when it comes to the law? ob'ects including hositals comes to the law? ob'ects including hospitals cannot — comes to the law? objects including hospitals cannot normally _ comes to the law? objects including hospitals cannot normally be - hospitals cannot normally be deliberately attacked under international humanitarian law. 0n the other hand, if they are used for a military purpose by one side of the conflict, then that can transform them into a lawful and legitimate military target. now, if thatis legitimate military target. now, if that is the case, the attacking force still has to comply with all of the other rules on international humanitarian law including not launching an attack even if it is a military target if it would cause excessive civilian casualties balloted to the military advantage that they are seeking from that attack. now, hospitals have special extra care must be taken when making any decisions about targeting hospitals because they are being used for a military purpose. and what also has to be taken into account is notjust the effect on civilians who might be wounded or injured on might be medical staff inside the hospital at the moment but the fact that all kinds of other civilians come in future, need to use that hospital. here, of course, because gaza has been under total siege, because there is a massive shortage of medicines and medical facilities and medical care and because many other hospitals are no longer functioning because many other hospitals are no longerfunctioning or because many other hospitals are no longer functioning or have a because many other hospitals are no longerfunctioning or have a limited functioning, that does mean that attacking a hospital like this can have savvy serious repercussions for civilians in the territory. 50. have savvy serious repercussions for civilians in the territory.— civilians in the territory. so, ban, let me ask _ civilians in the territory. so, ban, let me ask you — civilians in the territory. so, ban, let me ask you this. _ civilians in the territory. so, ban, let me ask you this. we - civilians in the territory. so, ban, let me ask you this. we had - civilians in the territory. so, ban, let me ask you this. we had a - civilians in the territory. so, ban, i let me ask you this. we had a report that about what is going on in the al—shifa hospital. given what you've just said, what is your assessment of what is happening there? welcome israel claims — of what is happening there? welcome israel claims to _ of what is happening there? welcome israel claims to be _ of what is happening there? welcome israel claims to be judgment - of what is happening there? welcome israel claims to be judgment over - israel claims to be 'udgment over the apologise. — israel claims to be 'udgment over the apologise. if— israel claims to be judgment over the apologise. if you _ israel claims to be judgment over the apologise. if you could just pass per second. we are having to cross now to the west coast of the states, to san francisco, where we are getting live pictures now of china's president is meeting with presidentjoe biden. there are the two leaders there. a one handshake between them. lots of issues for them to discuss, including taiwan and human rights in china. they can see the two men. president biden, what is your message to china today? what president biden, what is your message to china today? what is your messa . e to message to china today? what is your message to china, _ message to china today? what is your message to china, asks _ message to china today? what is your message to china, asks one _ message to china today? what is your message to china, asks one of - message to china today? what is your message to china, asks one of the - message to china, asks one of the reporters of president biden but no answer and that door has closed. so, we will now return back to arbogast. sorry to you are. we had to go live to those pictures of president biden. what you think of the ongoing situation? , . . ., , ., biden. what you think of the ongoing situation? , situation? israel claims to be takin: situation? israel claims to be taking some _ situation? israel claims to be taking some protective - situation? israel claims to be - taking some protective measures to ensure civilians are not harmed in its strike. we just don't know the basis of israel's claim that the hospital is being used by hamas militants. there are commando humanitarian law, there is no obligation the parties to disclose the evidence they may have, that they are relying on but certainly, where a hospital been targeted, an important hospitalfor where a hospital been targeted, an important hospital for the health and well—being of people in gaza under the circumstances of siege, it is absolutely incumbent on israel to demonstrate that it is acting on good information and has taken proper precautions to ensure that civilian harm is minimised in the attack on that hospital. fik. civilian harm is minimised in the attack on that hospital.- attack on that hospital. 0k. and very briefly. _ attack on that hospital. 0k. and very briefly. if — attack on that hospital. 0k. and very briefly, if there _ attack on that hospital. 0k. and very briefly, if there were - attack on that hospital. 0k. and | very briefly, if there were people who felt there were violations from either side in a conflict, what action could they take to hold either party to account, legally? the parties themselves must ensure that they discipline their own forces and prosecute them where that is necessary but there is also the possibility of other countries exercising universaljurisdiction over anybody who commits a war crime under international law and, finally, the international criminal court has been investigating, for many years now and i hope, is beginning to step up its investigation into war crimes on both sides. investigation into war crimes on both sides-_ investigation into war crimes on both sides. ., ., , both sides. 0k. the united nations secial both sides. 0k. the united nations special rapporteur, _ both sides. 0k. the united nations special rapporteur, thank— both sides. 0k. the united nations special rapporteur, thank you - both sides. 0k. the united nations special rapporteur, thank you very l special rapporteur, thank you very much for taking us through what is quite a complex but important discussion around the ongoing conflict. here, the labour leader sir keir starmer is facing potential trouble from some of his own mps in the next hour, over the party's position on the israel—gaza war. several are expected to back a commons motion from the scottish national party calling for an immediate ceasefire in the conflict. labour has ordered its mps to abstain on the snp�*s motion, meaning frontbenchers must resign or face the sack if they support it. 0ur political correspondent iain watson is at central lobby at westminster. how serious could this be for labour? already one front bench resignation, letter from one mp saying that she had to vote with the snp. what else are you hearing about that ahead of the vote? i are you hearing about that ahead of the vote? ~ , ~ , ., , the vote? i think it is likely to be five so far- _ the vote? i think it is likely to be five so far. there _ the vote? i think it is likely to be five so far. there is _ the vote? i think it is likely to be five so far. there is a _ the vote? i think it is likely to be five so far. there is a letter- the vote? i think it is likely to be five so far. there is a letter but i five so far. there is a letter but also the bradford mp was very clear in the house of commons that she would be voting for the motion that calls for a ceasefire. labour's motion calls for longer humanitarian pauses to get fuel as well as food into gaza but stopped short of calling for a ceasefire. the snp motion, which people are voting on right now, as we speak, is the one which calls for an immediate ceasefire so she fully expects to be sacked. to front bench colleagues medically in the house of commons that they, too, are backing a ceasefire and the expectation is there will be voting also with the snp and polar biker, another shadow minister, has said in the past few minutes that she is backing a ceasefire as well and has sent out a letter. so perhaps only two formal resignation letters from the house of commons, we think that number is currently at five but also from sources i been speaking to in the labour party the expectation is that number will rise when we start looking at the voting rolls, looking at the record of how people are voted. some others that may not have been vocal in saying that they are distancing themselves from kier starmer�*s motion, nonetheless, when it comes to coming to the voting they are expected to rebel as well. it looks as though a reshuffle of junior ministerial ranks is absolutely, junior shadow ministerial ranks, i should say, is absolutely inevitable. we don't, yet, no, the full scale of the rebellion because there are also backbench labour mps who are certain to be voting for the snp tonight. nine of them said they would be doing so publicly as well including the former shadow chancellorjohn mcdonnell. so we'll definitely see a labour rebellion. the scale of it is quite crucial, of course, but it is interesting that you'd attempt is made yesterday, negotiations behind the scenes to try to limit the number of front bench resignation is on this issue. negotiations over the wording of labour's own motion which is critical of visual and a number of ways, calling for what was called the siege conditions in gaza to be lifted and also calling for a two state solution, criticism of israel on attacks in the west bank. there was a whole range of things trying to assuage peoples concerns for some of the shadow ministers, it simply hasn't worked. fik. of the shadow ministers, it simply hasn't worked.— of the shadow ministers, it simply hasn't worked. ok. i'm 'ust reading that one hasn't worked. ok. i'm 'ust reading that mt— hasn't worked. ok. i'm 'ust reading that one mp has h hasn't worked. ok. i'm 'ust reading that one mp has quit _ hasn't worked. 0k. i'mjust reading that one mp has quit the _ hasn't worked. 0k. i'mjust reading that one mp has quit the front - hasn't worked. ok. i'm just reading | that one mp has quit the front bench and says she has been overwhelmed with correspondence on the matter and my constituents have made their views on strength of feeling on this matter very clear. they share that strength of feeling. so, clearly, this is an issue for many of these mps back in their constituencies. fit, mps back in their constituencies. huge issue for mps in their constituencies. just outside the house of commons at the minute there is a protest going on calling for a ceasefire. quite a robust process. a protest fairly well attended by having a glance at it on our way here and, as far as i am aware, it appears to be growing. but at a much smaller scale, nonetheless, appears to be growing. but at a much smallerscale, nonetheless, pretty clear, local level, people who are calling for a ceasefire were going into mps offices, protesting outside mps offices men and dating them with letters about this. the strength of feeling has been very, very clear. this is not something limited to one other community either. mps calling for a ceasefire have very small numbers of people from the muslim community, for example, in their constituencies, but, nonetheless, they feel themselves that the front benchis they feel themselves that the front bench is not really quite caught the scale of anger about what is happening in gaza and the scale of the humanitarian crisis. but kier starmer said in the house of commons todayis starmer said in the house of commons today is of course people recognise the scale of that. the question is what the response should be. if one shows the ultimate goal of trying to get peace, that has to come through diplomacy but, for the time being, the view of the labour front bench is a ceasefire, which effectively means israel ceases fire and allows us to regroup or reorganise and what they believe is the right approach is to be in line with the us position as well which is a call for these longer humanitarian pauses but, as i say, that was inevitably going to lead to rebellion and we will get further names, i think, is the evening wears on. that will get further names, i think, is the evening wears on.— the evening wears on. that is a tosition the evening wears on. that is a position shared _ the evening wears on. that is a position shared by _ the evening wears on. that is a position shared by the - the evening wears on. that is a - position shared by the conservative party as well. i'm just looking at some of the other comments that we have had this evening. we sell come earlier, former foreign secretary, labourformer foreign earlier, former foreign secretary, labour former foreign secretary dame margaret beckett saying that she supports the labour front bench. says that there is a difference between calling for a ceasefire and calling for an end to the violence. she said, tragically, to some people, colin presses by means it is you should stop fighting, not that anybody else should cease. i'm just looking at these pictures of that protest outside the houses of parliament. you can see crowds there waving flags, supporting the palestinian cause and the crowd seemed to be growing in size as that vote is about to take place. now, let's go straight to the house of commons and listen to that vote. voting. commons and listen to that vote. votint. , , ., ' voting. the eyes to the right, 125 foot of the _ voting. the eyes to the right, 125 foot of the nose _ voting. the eyes to the right, 125 foot of the nose so _ voting. the eyes to the right, 125 foot of the nose so the _ voting. the eyes to the right, 125 foot of the nose so the noes - voting. the eyes to the right, 125j foot of the nose so the noes have it. the noes have it. i now call amendment formally. the question is that the amendment be made. voting mac. the key thing is herfrom the labour front bench decided to vote for that motion. we labour front bench decided to vote for that motion.— labour front bench decided to vote for that motion. we won't have the names of those _ for that motion. we won't have the names of those who _ for that motion. we won't have the names of those who voted - for that motion. we won't have the names of those who voted for - for that motion. we won't have the names of those who voted for that| names of those who voted for that motion _ names of those who voted for that motion as— names of those who voted for that motion as yet. that'll probably come in attout— motion as yet. that'll probably come in about half an hour. as i was saying. — in about half an hour. as i was saying. at— in about half an hour. as i was saying, at least five labour mps in the front _ saying, at least five labour mps in the front bench have said publicly that they — the front bench have said publicly that they are backing a ceasefire. it is therefore likely that all five of them — it is therefore likely that all five of them who voted for this and we expect— of them who voted for this and we expect others perhaps around double figures _ expect others perhaps around double figures on _ expect others perhaps around double figures on the front bench. it does take a _ figures on the front bench. it does take a look— figures on the front bench. it does take a look at that vote because 125 votes _ take a look at that vote because 125 votes for _ take a look at that vote because 125 votes for an— take a look at that vote because 125 votes for an immediate ceasefire. that vote — votes for an immediate ceasefire. that vote was obviously defeated but, given that this was an snp motion, — but, given that this was an snp motion, and there are fewer than 50 snp mps. _ motion, and there are fewer than 50 snp mps, this suggests that it had support— snp mps, this suggests that it had support from clyde camry and the sdlp— support from clyde camry and the sdlp and — support from clyde camry and the sdlp and some of the other smaller parties _ sdlp and some of the other smaller parties but — sdlp and some of the other smaller parties but it does suggest there has been — parties but it does suggest there has been a substantial labour rebellion _ has been a substantial labour rebellion. many of them will be backbenchers, not frontbenchers, but it does— backbenchers, not frontbenchers, but it does look— backbenchers, not frontbenchers, but it does look like there has been a substantial number of labour mps are willing _ substantial number of labour mps are willing to _ substantial number of labour mps are willing to defy so kier starmer's position. — willing to defy so kier starmer's position, which was to instruct them to sit— position, which was to instruct them to sit on— position, which was to instruct them to sit on their hands, to abstain on that vote, — to sit on their hands, to abstain on that vote, not to vote for the scottish _ that vote, not to vote for the scottish nationalists, not to play their games, scottish nationalists, not to play theirgames, is scottish nationalists, not to play their games, is so kier starmer were to see _ their games, is so kier starmer were to see it _ their games, is so kier starmer were to see it. some people clearly felt either— to see it. some people clearly felt either themselves constituents felt that the _ either themselves constituents felt that the calls for a ceasefire was so overwhelming that they needed to back an _ so overwhelming that they needed to back an snp motion as well as presumably backing the labour motion calling _ presumably backing the labour motion calling for— presumably backing the labour motion calling for a _ presumably backing the labour motion calling for a huge range of other things— calling for a huge range of other things including a humanitarian pause — things including a humanitarian pause but some are gone further than the official— pause but some are gone further than the official line and sided with the snp in _ the official line and sided with the snp in calling for an immediate ceasefire — snp in calling for an immediate ceasefire. ~ ., snp in calling for an immediate ceasefire. . . , snp in calling for an immediate ceasefire. . , , ., ceasefire. what i can see is that three resignations _ ceasefire. what i can see is that three resignations officially, - ceasefire. what i can see is that three resignations officially, but you made the total five, that would have voted against a sir keir starmer's position. so, presumably, they would then be sacked from the front bench?— front bench? labour forces are makint front bench? labour forces are making that — front bench? labour forces are making that pretty _ front bench? labour forces are making that pretty clear. - front bench? labour forces are making that pretty clear. it - front bench? labour forces are making that pretty clear. it is i front bench? labour forces are | making that pretty clear. it is a whipped — making that pretty clear. it is a whipped vote. they are saying you have to _ whipped vote. they are saying you have to turn up and you have to do what _ have to turn up and you have to do what the _ have to turn up and you have to do what the party tells you to do. if not, _ what the party tells you to do. if not. in _ what the party tells you to do. if not, in terms of collective responsibility, then got a choice either— responsibility, then got a choice either to— responsibility, then got a choice either to resign or be sacked. so those _ either to resign or be sacked. so those have — either to resign or be sacked. so those have not put in a formal resignation let us can expect, if you like — resignation let us can expect, if you like a — resignation let us can expect, if you like a let us from the other direction, — you like a let us from the other direction, telling them that they no longer— direction, telling them that they no longer going be on the front bench. we think— longer going be on the front bench. we think that is the case with the mp who _ we think that is the case with the mp who medically during the course of the _ mp who medically during the course of the debate that she was going to be backing the motion of the ceasefire. as far as i'm aware, she did not— ceasefire. as far as i'm aware, she did not tell— ceasefire. as far as i'm aware, she did not tell the party whips and events— did not tell the party whips and events that that was what she was going _ events that that was what she was going to _ events that that was what she was going to do and therefore we would expect— going to do and therefore we would expect her— going to do and therefore we would expect her to be sacked at some point _ expect her to be sacked at some point this— expect her to be sacked at some point this evening.