Israeli Prime Minister Benjamin Netanyahu risks arrest in the United Kingdom after the International Criminal Court (ICC) issued an arrest warrant against him on Thursday for alleged war crimes in Gaza.
Downing Street has indicated that the UK would fulfil its “legal obligations” under international law if Netanyahu were to travel to the country.
The warrant, which also names Israel’s former Defence Minister Yoav Gallant, stems from accusations of war crimes during the ongoing Gaza conflict.
According to the ICC Act 2001, member states, including the UK, are obligated to endorse and execute warrants issued by the court.
While No 10 has refused to comment on specific cases, a government spokesperson confirmed the UK would adhere to its domestic and international legal commitments. Under the ICC Act, a designated minister must forward the court’s request to a judicial officer, who then determines whether the warrant should be endorsed for execution.
“The government would fulfil its obligations under the act and its legal obligations,” the spokesperson said, emphasising the independence of the ICC process.
Questions remain about the mechanics of such a move. The spokesperson declined to specify which secretary of state would handle the matter or whether legal advice had been sought from Attorney General Lord Hermer.
Hermer previously stated that any advice regarding an ICC warrant would be strictly legal, uninfluenced by political considerations. He added that it is for the courts and government to decide their course of action.
The arrest warrant has sparked significant controversy.
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Shadow Foreign Secretary Dame Priti Patel criticised the ICC for creating a “moral equivalence” between Israel’s actions in Gaza and Hamas’ October 7 attacks, calling the decision “provocative.” Patel urged the UK government to “condemn and challenge” the court’s move.
Prime Minister Rishi Sunak’s spokesman emphasised the importance of maintaining diplomatic ties with Israel.
“It is obviously important that we have a dialogue with Israel on all levels,” he said, noting the country’s status as a “key partner.”
The ICC also issued a warrant for Hamas military commander Mohammed Deif, whom Israel reported killed in July, over war crimes allegations linked to the October 7 attacks. The warrants come amidst escalating tensions, with the UK government advocating for a ceasefire in Gaza.
The impact of the warrants will hinge on the 124 ICC member states, excluding Israel and the US, enforcing them.
US President Joe Biden called the warrant for Netanyahu “outrageous,” rejecting any equivalence between Hamas and Israel.
Meanwhile, several European countries have pledged to implement the ICC’s decision, highlighting divisions among Western allies.
Netanyahu has dismissed the ICC warrant as “antisemitic,” a sentiment echoed by Israeli officials. Similarly, Hamas has denied the allegations against its leaders.
