Netanyahu faces UK arrest as Starmer backs ICC warrant

The UK government has taken a markedly different stance from the previous Tory administration

• Pramod Thomas
• 22 November, 2024

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By: Pramod Thomas

ISRAELI prime minister Benjamin Netanyahu could face arrest if he visits Britain after the International Criminal Court (ICC) issued warrants against him and two other leaders in connection with the Israel-Gaza conflict.

The Hague court also issued warrants for former Israeli defence minister Yoav Gallant and Hamas commander Mohammed Deif. As one of 123 ICC member nations, Britain is obliged to enforce these arrest warrants.

UK prime minister Keir Starmer’s government has taken a markedly different stance from the previous Tory administration, which had planned to challenge the warrants.

Starmer’s spokesperson on Thursday (21) said that Britain respects the independence of the International Criminal Court.

“We respect the independence of the International Criminal Court, which is the primary international institution for investigating and prosecuting the most serious crimes of international concern,” the spokesperson told reporters.

“There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organisations. We remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence in Gaza.”

The ICC found Netanyahu and Gallant “criminally responsible” for several war crimes, including “starvation as a method of warfare” and “murder”. Hamas’s Deif was charged with “crimes against humanity” including murder and rape, though Israeli forces claim he was killed in a July air strike.

Meanwhile, the Tory opposition has urged Labour to reject the ICC’s decision. Shadow foreign secretary Priti Patel called the warrants “deeply concerning and provocative”, arguing they would not help secure hostage releases or aid delivery to Gaza.

The announcement caught Whitehall off guard, as officials expected the proceedings to conclude after Christmas. Sources suggest a Cabinet minister would need to seek a UK arrest warrant if the government decides to enforce the ICC’s decision.

The US, which isn’t an ICC member, strongly opposed the court’s decision. President Joe Biden called the warrants “outrageous”, adding, “Let me be clear once again: there is no equivalence — none — between Israel and Hamas.”

Netanyahu’s office dismissed the charges as “false and absurd”, while Gallant criticised the court for putting “the state of Israel and the murderous leaders of Hamas in the same row”.

While Downing Street declined to comment on whether Netanyahu would be welcome in Britain, experts note he might avoid arrest through diplomatic immunity during official visits.

This precedent was seen when Russian president Vladimir Putin, despite having an ICC warrant, visited Mongolia in September without arrest.

The ICC, established in 2002, investigates war crimes, genocide, and crimes against humanity. This case examined both Hamas’s October 2023 attack and Israel’s subsequent military operation in Gaza.

Several other ICC members, including Italy and the Netherlands, have pledged to enforce the warrants, while Canada expressed support for the court’s decision.

(with inputs from Reuters)