The SNP has moved to distance itself from one of its longest-serving MSPs after he claimed the International Criminal Court (ICC) was “biased” against Israel.

John Mason said the body tasked with investigating and trying individuals charged with genocide and war crimes was “not neutral.”

An SNP spokesperson said this was wrong and that the court was “scrupulously independent and fair.”

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The row threatens to overshadow John Swinney's call for Rishi Sunak and Sir Keir Starmer to “do the right thing” and “immediately” recognise the state of Palestine.

The First Minister has written to the two leaders, telling them the SNP will force a “binding vote” on recognition in the Commons after the election if Labour and the Tories fail to do so.

In a letter, he said the SNP had been a “moral compass” on the Gaza issues at Westminster.

The development comes amid widespread international condemnation of Israel’s air attack on tents housing displaced people in Gaza’s southernmost city of Rafah.

Local health officials say at least 45 Palestinians were killed in the strikes, with around women, children and older adults.

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Israel’s Prime Minister, Benjamin Netanyahu described it as a “tragic mistake.”

Last week, the chief prosecutor at the ICC, announced he was seeking arrest warrants against Mr Netanyahu and Israeli defence minister Yoav Gallant, as well as three Hamas leaders, over alleged crimes linked to the war.

With Scotland due to face Israel in the Women’s Euro 25 qualifiers later this week, campaigners Show Israel the Red Card wrote to MSPs urging them to stop the game and highlighting the ICC's position. 

Replying, Mr Mason said: “You refer to the International Criminal Court but we know that such bodies are not neutral but are biased against Israel.”

He wrote: “Israel is far from perfect but it does have a better human rights standard and is more democratic than many other countries.

“So if we stopped playing Israel, we should also have to break sporting links with Iran (which is behind the current Middle East crisis), Saudi (which has an awful human rights record), Afghanistan (where women are so badly treated), China, India, and Pakistan (in all three minorities are very badly treated), and several other countries.”

Maree Shepherd, of Show Israel the Red Card, said: “I am extremely shocked and concerned that an elected member of the SNP party could openly claim that international institutions such as the ICC are biased.

“To do so greatly hampers the chance of bringing peace and holding to account those guilty of war crimes.”

An SNP spokesperson said: “The SNP is clear that the International Criminal Court is scrupulously independent and fair. We are equally clear that the current crisis is the direct result of the actions of Hamas and the Israeli government.

“Thousands of innocent Palestinian children, women and men have been killed. The Tories and Labour Party must finally join the SNP in recognising the state of Palestine, halting arms sales, and calling for an immediate ceasefire to end the collective punishment of people in Gaza.”

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Meanwhile, in his letter to the Prime Minister and Sir Keir, Mr Swinney said: “I urge you both to belatedly do the right thing and pledge to immediately recognise Palestine as a state in its own right.

“If you will not immediately commit to doing so, I can confirm that SNP MPs will bring forward a binding vote in the House of Commons at the first possible opportunity after the General Election.”

The First Minister said recognition would offer “hope” that a “durable political solution” was possible between Israel and Palestine.

He said: “Ending the humanitarian catastrophe we are seeing in Gaza is without a doubt one of the greatest moral issues of our time. In generations to come, people will look back and ask what each of us with a platform did to end the suffering.

“We all have a duty to do whatever we can to bring about a peaceful resolution, and it is clear that full recognition of Palestine as a state in its own right will be a huge step towards a just and durable political solution.

“I am calling on the UK to follow the lead of Ireland, Norway and Spain by immediately recognising Palestine as a state – and if Rishi Sunak will not do it now, Keir Starmer must commit to doing so on his first day in Downing Street.”

A Labour Party spokesman said: “The Labour Party will work alongside international partners to recognise the state of Palestine alongside the state of Israel, as part of efforts to contribute to securing a negotiated two-state solution.”