The UK has withdrawn its opposition to an international arrest warrant for Benjamin Netanyahu, removing a significant obstacle and highlighting the new Labour government's firmer stance towards Israel.
Downing Street confirmed on Friday that the government will not challenge the jurisdiction of the International Criminal Court (ICC). The ICC's chief prosecutor, Karim Khan, is seeking a warrant against the Israeli prime minister.
This development increases the likelihood that the ICC will grant Khan's request. If granted, it would signify a major international condemnation of Israel's actions in Gaza and put Netanyahu at risk of arrest if he travels abroad, as first reported by the Guardian.
Prime Minister Keir Starmer’s deputy official spokesperson said: “This proposal was put forward by the previous government but 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.”
She added: “The government feels very strongly about the rule of law, both internationally and domestically, and the separation of powers. I would note that the courts have already received numerous submissions from both sides and are well-equipped to make their determination.”
She would not comment on whether the Labour government had an opinion whether a warrant should be issued for Netanyahu’s arrest. All she said is that it was a matter for the courts.
Khan announced in May he was applying for warrants against Netanyahu and his defense minister, Yoav Gallant, accusing them of war crimes committed during Israel’s attack on Gaza. He is also pushing for warrants against senior Hamas leaders Yahya Sinwar, Hamas chief in Gaza, and Mohammed Deif, commander of its military wing.
While the former UK prime minister Rishi Sunak criticized Khan’s decision in May only a month later to notify the ICC that his government would lodge a legal challenge to the idea that the court has jurisdiction over Israeli citizens.
Israel and the US, neither of which are signatories to the ICC, pressured the UK to maintain its objection, warning that dropping it could jeopardize peace negotiations being brokered by Washington.
However, senior Labour figures have long insisted they would respect the independence of the court. David Lammy, the foreign secretary, told the Commons in May: “Labour’s believes that the decision of the ICC’ chief prosecutor to apply for arrest warrants is an independent matter for the court and the prosecutor.”
The government’s decision does not necessarily mean Khan’s request will now be granted.
Many other groups and countries informed the court that they want to make submissions, some supporting a pro-Israeli and others a pro-Palestinian perspective, including Germany, which has raised concerns that Khan’s case should not be heard while the conflict in Gaza is still raging.
The UK’s is indicating that it is now expressing stronger criticism of Israel under the Labour government.
Last week Lammy announced the UK would join other countries in reinstating funding to the Palestinian relief agency UNRWA, by this overturning the previous government’s delay.
Sources have told the Guardian that the foreign secretary is also considering an announcement of a partial ban on the sale of weapons to Israel, which would put a ban the sale of “offensive” weapons, but not “defensive” ones that could be used to defend Israel from attacks from abroad.
The foreign secretary told the Commons last week: “It would not be right to impose a blanket ban between our countries and Israel. It deems fit for me to consider the issues related to offensive weapons in Gaza in the usual manner, following the quasi-judicial process that I have outlined.”
The Board of Deputies of British Jews responded to the UK’s decision to withdraw its opposition to an international arrest warrant for Benjamin Netanyahu and commented with a post on X stating that, “This regretful and regressive step not only appears to be a reversal of long-term UK foreign policy, but puts us at odds with international allies, such as the USA and Germany, who have challenged the court's treatment of Israel."
The post continued to say that, "We are concerned that the cumulative effects of these announcements … signal a signifcant shift in policy, away from Israel being a key UK ally. This would not only be a strategic error but a moral one.”