Report: UK Labour makes U-turn, shields Netanyahu from ICC arrest warrants

Recent reports indicate that the UK Labour government has reversed its decision to withdraw objections to the International Criminal Court (ICC) prosecutor’s application for arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant. This decision, reported by the Israeli newspaper Maariv, suggests that Labour has succumbed to pressure from the US, which has been lobbying against dropping the legal challenge.

Netanyahu and Gallant face accusations of war crimes and crimes against humanity by ICC Prosecutor Karim Khan. The warrants must be approved by a panel of ICC judges, and it is at this stage that the UK has lodged its objection, originally raised by the previous Conservative government. The UK government argues that the 1993 Oslo Accords prevent Palestine from prosecuting Israelis for war crimes. However, legal scholars have criticised this argument, pointing out that Palestine has been an ICC member since 2015, and the court ruled in 2021 that it has jurisdiction over the occupied territories.

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Following its landslide victory, the new Labour government had indicated a willingness to drop the objection, but recent developments suggest otherwise. The shift, which follows intense lobbying by the US, is seen by critics as the “the first big moral mistake” that the new Prime Minister Keir Starmer would potentially make.

Legal experts have debunked the claims challenging ICC jurisdiction. Professor Gerhard Kemp of the University of the West of England Bristol Law School, and Mark Kersten, assistant professor of criminal justice and criminology at the University of the Fraser Valley, affirm that the ICC has jurisdiction over crimes committed in Gaza, the West Bank and East Jerusalem. They emphasise that Israel’s non-recognition of the ICC or the Rome Statute does not negate the court’s authority.

Kersten highlighted ongoing political pressure on the ICC from various states, including the US and Israel, which have a history of attempting to undermine the court. Despite these challenges, the ICC continues its investigation into potential war crimes by Israeli and Palestinian groups dating back to 2014, which now includes the current military onslaught on Gaza.

The ICC has territorial jurisdiction over Palestine and can act against crimes committed by Palestinian nationals outside Palestine, as well as crimes committed on Palestinian territory by any party. This jurisdiction extends to crimes committed by Israeli authorities in Gaza and the West Bank.

The implications of the UK’s decision to maintain its objection are significant. If the ICC issues arrest warrants, all 124 member states are obligated to act, potentially restricting the movement of Israeli leaders.

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