Sir Keir Starmer has backed the International Criminal Court (ICC) after it issued a warrant for the arrest of Binyamin Netanyahu.
The court ruled the Israeli prime minister and his former defence minister Yoav Gallant are at risk of arrest if they travel to any of the 124 countries that are signatories to the ICC, as well as Mohammed Deif, a Hamas military commander.
Judges ruled there were reasonable grounds to believe Netanyahu, Gallant and Deif – who Israel claimed to have killed in an airstrike in July – bore criminal responsibility for alleged war crimes and crimes against humanity during the Israel-Hamas conflict.
It marks the first time Western democratic leaders have been charged by the ICC in the biggest decision in the court’s more than two decades in existence.
On Thursday, the Prime Minister said he backed the court’s decision, with Downing Street confirming Sir Keir would respect the ICC’s jurisdiction once a UK court ratified the warrant.
His official spokesman said the court, based in The Hague, was “the primary international institution for investigating and prosecuting the most serious crimes of international concern”.
A domestic court process would be required before Netanyahu faced arrest if he set foot in the UK.
‘Hypothetical’ arrest
The spokesman said: “This government has been clear that Israel has a right to defend itself in accordance with international law.
“There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organisations.
“We remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence in Gaza which is essential to protect civilians, ensure the release of hostages, and to increase humanitarian aid into Gaza.”
Israeli Prime Minister Benjamin Netanyahu
(Photo by Ohad Zwigenberg / POOL / AFP) (Photo by OHAD ZWIGENBERG/POOL/AFP via Getty Images)
Asked if Netanyahu would be arrested if he came to the UK, the spokesman said: “We are not going to get into hypotheticals.”
Shadow foreign secretary Dame Priti Patel, called the warrant “concerning and provocative”, and said: “The Labour government must condemn and challenge the ICC’s decision.”
The Conservative government opposed the ICC’s investigation while they were in office and petitioned the court to have it dropped.
Israel criticised the court and said their action was “anti-semitic”. In a statement, Netanyahu’s office said: “Israel utterly rejects the false and absurd charges.”
Israel’s response
A spokesperson called the court a “biased and discriminatory political body”, adding: “No anti-Israel resolution will prevent the state of Israel from protecting its citizens.”
The ICC warrant may also increase tensions with the US, which does not recognise the court’s jurisdiction and is not a signatory to the court.
Mike Waltz, who is set to serve as Donald Trump’s national security adviser when he returns to the White House in 2025, promised a “strong response to the antisemitic bias of the ICC”.
The Biden administration also said it “fundamentally rejects” the ICC’s decision.
Speaking this morning, home secretary Yvette Cooper said it is “not a matter” for her when questioned about whether Netanyahu would be arrested if he came to the UK.
She told Sky News: “That’s not a matter for me as home secretary. The ICC is of course independent and we respect its independence and the role that it has to play.”
Cooper said the “overwhelming majority” of ICC investigations “never” become a matter for the British government, and added: “Where they ever do there are proper processes that need to be followed and therefore it wouldn’t be appropriate for me to comment on those.
“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.”