UK Government Declines to Challenge ICC’s Authority on Netanyahu Arrest Warrant
The UK government has decided not to contest the International Criminal Court’s (ICC) authority to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. In May, the ICC’s chief prosecutor stated there were reasonable grounds to believe Netanyahu could be responsible for war crimes and crimes against humanity. Although the previous Conservative administration considered disputing the prosecutor’s right to seek such a warrant, it did not act before the election.
A spokesperson for the new Labour government confirmed it will not submit a challenge, emphasizing that this decision is solely for the court. Prime Minister Sir Keir Starmer’s spokesperson highlighted that the court has already received numerous submissions, allowing it to make an informed and independent decision on the matter.
In addition to Netanyahu, the ICC’s chief prosecutor is also seeking arrest warrants for Hamas leaders Yahya Sinwar and Mohammed Deif, as well as Israeli Defence Minister Yoav Gallant. Should these warrants be issued, Netanyahu and Gallant might be advised to avoid visiting the UK to prevent arrest by British authorities.
The ICC has authorized 70 similar submissions from various countries and is currently reviewing them. Prof. Yuval Shany, an expert in international law at Hebrew University in Jerusalem, anticipates that the court will address all submissions by autumn and provide the prosecutor an opportunity to respond if necessary.
Shany noted that while the ICC will consider the UK’s stance, it must still conduct a thorough legal analysis of the issues raised by the previous UK government. He suggested that the UK’s decision might reflect its potential response if the ICC issues arrest warrants for Netanyahu and Gallant, highlighting the difficulty the UK would face in not implementing such warrants after initially deferring to the court.
A significant issue is whether the ICC has jurisdiction over Israeli nationals, given that the Palestinian Authority cannot exercise criminal jurisdiction over Israelis under the Oslo Accords. In 2021, one ICC judge ruled against the court’s jurisdiction over Israelis, while two others deferred the decision to a later stage.
Before the UK’s announcement, Israeli media reported criticism from a senior official regarding the potential decision not to make a submission, describing it as “fundamentally wrong” and a distortion of justice. On the other hand, Sacha Deshmukh, Amnesty International UK’s chief executive, welcomed the UK’s decision, condemning the previous government’s attempt to obstruct the ICC’s investigation into Palestine.
The Gaza conflict has presented political challenges for the Labour Party, leading to alienation among some traditional supporters, especially within the Muslim community. In the recent general election, shadow minister Jonathan Ashworth lost his Leicester South seat to a pro-Gaza candidate, and other senior Labour figures saw reduced majorities.
Additionally, the government recently announced the restoration of funding to UNRWA, the UN agency for Palestinian refugees, after previously halting donations due to allegations of UNRWA staff involvement in the October 2023 Hamas attacks. An internal UN investigation into these allegations is ongoing, but a separate UN review published in April found no evidence supporting Israel’s claims that hundreds of UNRWA staff were members of terrorist groups