UK to enforce ICC Netanyahu arrest warrant if ratified by independent domestic court
Downing Street confirms that Keir Starmer respects the independence of the ICC but he does not draw moral equivalence between Israel and Hamas
The UK will determine whether to apply the International Criminal Court’s arrest warrant for Benjamin Netanyhu through a domestic legal process conducted through the UK’s independent courts, Jewish News understands.
Downing Street confirmed that Keir Starmer respects the independence of the ICC as the primary institution for investigating and prosecuting the most serious crimes.
It said on Thursday that Starmer would respect the ICC’s jurisdiction but an arrest warrant would need to be ratified by a UK Court.
The Prime Minister’s official spokesman said that the ICC was the “primary international institution for investigating and prosecuting the most serious crimes of international concern”.
He said the government would “comply with its legal obligations” but added there was “no moral equivalence between Israel, a democracy, and Hamas and Hezbollah, which are terrorist organisations”.
He said: “Israel has a right to defend itself in accordance with international law. We remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence in Gaza which is essential to protect civilians, ensure the release of hostages, and to increase humanitarian aid into Gaza.”
The spokesperson refused to be drawn on whether the Israeli PM wpuld currently be allowed to travel to the UK.
Meanwhile Home Secretary Yvette Cooper said on Friday:”The ICC is, of course, independent, and we respect its independence and the role that it has to play.
“But in the overwhelming majority of ICC investigations, they never become a matter for either the British legal rule and law enforcement processes.”
Cooper added:”What I can say is that obviously, the UK government’s position remains that we believe the focus should be on getting a ceasefire in Gaza.”
Sources told Jewish News that the UK would be “mindful” of sparking a further rift with the incoming US Trump administration over its response to the ICC.
Mike Waltz, Donald Trump’s national security adviser from January,said the ICC had “no credibility” and had displayed “antisemitic bias.”
For the Conservatives Dame Priti Patel, the shadow foreign secretary, described the warrant as “concerning and provocative”. She said: “The Labour government must condemn and challenge the ICC’s decision.”
A panel of three judges at the ICC said that Netanyahu must answer charges of using “starvation as a method of warfare” as well as “murder, persecution and other inhumane acts”
It is the first time that the ICC has issued a warrant against a leader of a Western democracy.
“Israel utterly rejects the false and absurd charges,” said Netanyahu’s office in response to the ICC decision.
“No anti-Israel resolution will prevent the state of Israel from protecting its citizens.”
The ICC’s 124 member states, included the UK would be obliged to arrest Netanyahu if he entered their territory.
Although it is not yet certain the UK would enforce this.
Earlier, in a statement from the White House said the US “fundamentally rejects” a decision by the international criminal court (ICC) to issue arrest warrants for the Israeli prime minister and the country’s former defence minister Yoav Gallant.
A statement from a US national security council spokesperson read: “We remain deeply concerned by the Prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter.”
In the UK shadow home secretary Priti Patel said:”The decision by the ICC to issue arrest warrants for the democratically elected leader of Israel and Israel’s former Defence Minister is deeply concerning and provocative.
“This will do nothing to bring about the release of all hostages held and the bringing of much-needed aid into Gaza. The focus of international diplomacy must be on securing a sustainable peace, a de-escalation of tensions in the region and an end to this conflict.”
The Board of Deputies said:”We should all be focused on defeating the Hamas terrorists, liberating the hostages, ensuring that civilians in Gaza receive all necessary aid and and working towards a sustainable peace for Israelis and Palestinians to prevent these horrible conflicts in the future. The decision of the ICC is counter-productive in all these respects.”
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