Downing Street suggests Netanyahu could be arrested in the UK following ICC warrant

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Downing Street suggests Netanyahu could be arrested in the UK following ICC warrant
Downing Street suggests Netanyahu could be arrested in the UK following ICC warrant

The International Criminal Court issued an arrest warrant for Benjamin Netanyahu on Thursday for alleged war crimes and crimes against humanity related to the war in Gaza.

Downing Street has indicated Israeli Prime Minister Benjamin Netanyahu would be arrested if he arrived on British soil following an international arrest warrant being issued for him.

On Thursday, the International Criminal Court (ICC) issued arrest warrants for Netanyahu and former Israeli defence secretary Yoav Gallant for alleged war crimes and crimes against humanity related to the war in Gaza. 

The UK government was reluctant to commit to saying Netanyahu would be arrested if he came to the UK but Sir Keir Starmer’s spokesman said the government would "fulfil its legal obligations" in relation to the arrest warrant.

"The UK will always comply with its legal obligations as set out by domestic law, and indeed international law," he said.

He added the domestic process linked to ICC arrest warrants has never been used to date by the UK because the country has never been visited by anyone wanted by the international court.

Earlier on Friday, Home Secretary Yvette Cooper said it "wouldn’t be appropriate for me to comment" on the processes involved as the ICC is independent, although the UK is a member.

She told Sky News: "We’ve always respected the importance of international law, but in the majority of the cases that they pursue, they don’t become part of the British legal process.

"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."

However, Emily Thornberry, Labour chair of the foreign affairs committee in parliament, told Sky News: "If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC. 

"Not really a question of should, we are required to because we are members of the ICC."

After winning July’s election the government said it would not oppose the ICC’s right to issue the warrants.

Ireland, France and Italy have signalled they would arrest Netanyahu if he came to their countries.

Asked if police would arrest the Israeli leader in Ireland, Irish Taoiseach Simon Harris said: "Yes, absolutely. We support international courts and we apply their warrants."

Germany said it would make a decision if Netanyahu came to Germany but said it is one of the "biggest supporters of the ICC", partly as a result of history.

A German government spokesman said: "At the same time, it is a consequence of German history that we share unique relations and a great responsibility with Israel."

An ICC arrest warrant was also issued for Hamas leader Mohammed Diab Ibrahim al Masri, the mastermind behind the 7 October attacks in Israel, for alleged war crimes and crimes against humanity.

Israel claims Al Masri was killed earlier this year but the ICC said that has not been confirmed, so it was issuing the arrest warrant.

Netanyahu’s office said the warrants against him and Gallant were "antisemitic" and said Israel "rejects with disgust the absurd and false actions".

Neither Israel nor the US are members of the ICC. Israel has rejected the court’s jurisdiction and denies committing war crimes in Gaza.

US President Joe Biden described the warrants against Israeli leaders as "outrageous", adding: "Whatever the ICC might imply, there is no equivalence - none - between Israel and Hamas."

Former Israeli prime minister Naftali Bennett said the warrants for Netanyahu and Gallant were a "mark of shame" for the ICC.

The Board of Deputies of British Jews said the ICC’s decision sent a "terrible message".

Hungarian Prime Minister Viktor Orban said on Friday he would invite Netanyahu to visit Hungary and he would guarantee the arrest warrant would "not be observed".

The ICC originally said it was seeking arrest warrants for the three men in May for the alleged crimes and on Thursday announced that it had rejected challenges by Israel and issued warrants of arrest.

In its update, the ICC said it found "reasonable grounds to believe" that Netanyahu and Gallant "bear criminal responsibility" for alleged crimes.

These, the court said, include "the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts".

It is the first time a sitting leader of a major Western ally has been accused of war crimes and crimes against humanity by a global court of justice.

David Wilson

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