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LONDON — The U.K. government has reversed its opposition to the International Criminal Court (ICC) seeking an arrest warrant against Israeli Prime Minister Benjamin Netanyahu.
Friday marked the deadline to submit documents as part of a legal challenge against the ICC, a date which had been extended due to the U.K. general election and change of government earlier this month.
“We’ve been very clear about the importance of the rule of law and the independence of the courts both domestically and internationally,” a spokesperson for Prime Minister Keir Starmer said.
“And our position on this process matter is that it is for the courts and prosecutor to decide and that’s why we’ve not taken forward plans put forward by the previous government,” the spokesperson said.
The decision marks a contrast to the previous Conservative government, who requested the court provide written observations on whether it “can exercise jurisdiction over Israeli nationals” given the Palestinian Authority cannot exercise criminal jurisdiction over Israeli nationals. The Conservatives did not submit a full objection before the election.
The ICC issued arrest warrant applications for Netanyahu and Israeli Defense Minister Yoav Gallant in May, declaring they were responsible for war crimes and crimes against humanity in Gaza since October last year. The charges included starving citizens, willfully causing suffering and intentionally targeting a civilian population. Israel has forcefully denied the allegations.
British Foreign Secretary David Lammy visited both Israel and the Occupied Palestinian Territories earlier this month where he met Netanyahu and Palestinian National Authority President Mahmoud Abbas, stressing the need for an immediate cease-fire and release of all hostages.
In June, Lammy, who was then shadow foreign secretary, said the U.K. would comply with any ruling, telling CNN: “In the Labour party, we believe in the rules-based order. We believe in international law.”
Starmer reportedly sought the legal advice of Attorney General Richard Hermer, one of a group of Jewish lawyers who signed an open letter to the Financial Times telling Israel to comply with international law.
The British government’s move shows a clear departure from the United States, which has not ratified the Rome Statute establishing the ICC. U.S. President Joe Biden called the ICC’s decision in May “outrageous,” arguing it drew a false equivalence between a democratic state and the Hamas militant group.
The U.K. also restored funding to UNRWA, the U.N. agency supporting Palestinian refugees, unlike America, where funding is halted until at least mid-2025 after Israel accused 13 staffers of direct involvement in the Oct. 7 attacks.
The final decision to issue arrest warrants is likely to be delayed as other countries including Germany and South Africa could intervene in the case.
