Alex MacDonald
Middle East Eye / July 26, 2024
New British prime minister says the application for a warrant is a matter for the court to decide.
British Prime Minister Keir Starmer will drop the UK’s objection to an arrest warrant being issued by the International Criminal Court (ICC) for Israeli Prime Minister Benjamin Netanyahu, saying it was a matter for the court.
The announcement, made by a spokesperson for the new prime minister on Friday, overturns the previous government’s objection to the ICC prosecutor’s application for a warrant for Netanyahu and his defence minister, Yoav Gallant.
“On the ICC submission… I can confirm the government will not be pursuing (the proposal) in line with our long-standing position that this is a matter for the court to decide on,” the spokesperson told reporters.
Sources within the Labour Party told Middle East Eye about the plans on Thursday, along with intentions to restrict arms sales to Israel over its war on Gaza.
The International Centre of Justice for Palestinians (ICJP) said it was a “relief” to see the objection being dropped.
“Respecting the jurisdiction and independence of the ICC is the least the Labour government can do to demonstrate a genuine commitment to justice and accountability,” said ICJP legal officer Zaki Sarraf.
“They must now avoid further undermining their credibility and uphold international law.”
Earlier this month, Israeli newspaper Maariv reported that Foreign Secretary David Lammy gave assurances to Israel that the UK would maintain its objection to the application that was initially raised by the Conservative government in Downing Street.
Netanyahu and Gallant are accused of crimes against humanity and war crimes by ICC prosecutor Karim Khan.
The Hamas leader in Gaza Yahya Sinwar, its military wing’s commander-in-chief Mohammed Diab Ibrahim al-Masri, better known as Mohammed Deif, and its political leader Ismail Haniyeh were also subject to arrest warrant applications.
The applications must be approved by a panel of ICC judges and it was at this stage that the UK had lodged its objection.
Palestine was accepted into the ICC in 2015, and in 2021 the court said it had the power to investigate war crimes in the occupied territories.
‘Regretful and regressive’
The Board of Deputies of British Jews and the Jewish Leadership Council issued a joint statement on Friday condemning the move by the British government as “regretful and regressive” and said it appeared to be a reversal of “long-term UK foreign policy.”
“We are concerned that the cumulative effect of these announcements, in quick succession, signal a significant shift in policy, away from Israel being a key UK ally. This would not only be a strategic error but a moral one,” read the statement.
However, the Palestinian ambassador to the UK welcomed the move, calling it a “significant step in aligning the UK with the rule of law, international system and toward finally holding Israel to account after many decades of impunity”.
Labour has faced increasing pressure by civil society and human rights groups to suspend arms sales to Israel.
Senior politicians in the party have expressed concern that Labour lost seats at the recent general election due to discontent among voters, especially British Muslims, over the party’s early support for Israel’s war on Gaza.
Five independent MPs were elected at the recent general election on a pro-Gaza platform.
Labour Friends of Israel, an advocacy group of which Starmer and Lammy are both members, said on Friday the government’s move was “deeply disappointing” and said they wanted to see Netanyahu face accountability in the Israeli courts rather than the ICC.
“The ICC chief prosecutor’s case is morally suspect and legally dubious,” they said.
“Israel’s courts have previously tried and jailed the country’s most senior leaders. They are already investigating allegations of serious misconduct relating to the war. It is right that these are investigated and there is no reason to believe that Israel could not or would not investigate in this case.”
Over 39,000 Palestinians have been killed and 90,257 wounded in Gaza as a result of Israel’s ongoing assault on the besieged enclave.
Thousands more Palestinians are missing and presumed dead under the rubble following Israeli attacks.
Alex MacDonald is a reporter at Middle East Eye
