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26th Jul 2024

Britain drops opposition to international arrest warrants for Israeli leaders

Charlie Herbert

Labour has said it is up to the courts to decide if warrants should be issued

Britain has dropped its challenge to an international arrest warrant for the Israeli prime minister Benjamin Netanyahu for war crimes.

On Friday, Downing Street announced the government would not submit a challenge to the jurisdiction of the International Criminal Court.

The court’s chief prosecutor, Karim Khan, is seeking an arrest warrant against Netanyahu and Israel’s defence minister Yoav Gallant for war crimes and crimes against humanity during Israel’s offensive on Gaza.

By dropping its opposition to this, the UK government has made it more likely the ICC will grant Khan the arrest warrant, the Guardian reports.

Prime minister Keir Starmer’s deputy official spokesperson said: “On the submission, this was a proposal by the previous government that was not submitted before the election. I can confirm the government will not be pursuing that in line with our longstanding position that this is a matter for the court to decide on.”

She added: “The government feels very strongly about the rule of law internationally and domestically, and the separation of powers, and I would note the courts have already received a number of submissions on either side and they are well seized of the arguments to make their determination.”

The government has not given its opinion on whether it the warrant should be issued, saying it is a matter for the courts to decide.

Along with the warrants for Netanyahu and Gallant, Khan is also seeking warrants for senior Hamas figures for the crimes committed on October 7.

This includes Yahya Sinwar, the Hamas chief in Gaza, and Mohammed Deif, the commander of its military wing, who are considered the masterminds behind the October 7 atrocities.

During his time in office, Rishi Sunak had criticised Khan’s decision in May to see a warrant against Netanyahu. His Tory government told the ICC it would be lodging a legal challenge to the idea that the court has jurisdiction over Israeli citizens.

For months though, Labour have made it clear they would leave it up to the ICC to decide if warrants should be issued. In May, David Lammy, who is now the foreign secretary, told the Commons: “Labour’s position is that the ICC chief prosecutor’s decision to apply for arrest warrants is an independent matter for the court and the prosecutor.”

This comes just days after Lammy confirmed the UK would restore funding to UNRWA, the UN aid agency in Gaza.