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PM stays silent on ICC warrants

Starmer and Lammy evasive over arresting Netanyahu as campaigners call for end to complicity in genocide

JUSTICE campaigners slammed evasive ministers today for failing to commit to arresting Israeli Prime Minister Benjamin Netanyahu should he visit Britain.

The Israeli leader was issued an International Criminal Court arrest warrant on Thursday, alongside his former defence minister Yoav Gallant and Hamas official Mohammed Deif.

Prime Minister Sir Keir Starmer and senior cabinet members including Foreign Secretary David Lammy were last night yet to comment on whether their ally would be held in Britain or not over alleged war crimes in Gaza.

Labour MP for Coventry South Zarah Sultana accused Sir Keir and Mr Lammy of double standards today.

She wrote: “It’s been 24 hours and neither Sir Keir Starmer nor David Lammy have commented on the ICC’s decision to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant for war crimes and crimes against humanity.”

Posting a copy of Sir Keir’s statement welcoming the ICC decision to issue an arrest warrant for Russian leader Vladimir Putin when he was leader of the opposition, she added: “Perhaps they could apply the same standards as the ones they outlined below.”

Today, as Ireland said that it would comply with the order, Home Secretary Yvette Cooper declined to say whether Britain would do the same if Mr Netanyahu came to the country, saying: “That’s not a matter for me as Home Secretary.”

She said the “overwhelming majority” of ICC investigations “never” become a matter for the British legal system or government, and added: “In any case, 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.”

Palestine Solidarity Campaign director Ben Jamal told the Morning Star: “The International Criminal Court Act (2001), passed into UK law, makes clear the Home Secretary’s responsibilities to implement warrants issued by the ICC.

“What Yvette Cooper MP is asking us to believe is that she is not certain whether the government has a duty to uphold domestic as well as international law.

“This is not a credible or serious position.

“She is hiding behind a smokescreen of ‘process’ but she cannot escape her legal duty to arrest suspects wanted by the ICC for war crimes and crimes against humanity.

“Furthermore, this government can no longer justify sending any weapons to Israel when they are being used to commit these crimes.”

Former shadow chancellor John McDonnell MP, who is currently suspended from Labour, added: “There can be no equivocation by government spokespeople or ministers on the question of the enforcement of the ICC arrest warrant on Netanyahu or any other war criminal.

“The response must be the UK will always comply with international law.” 

A Momentum spokeswoman said that “the refusal of the UK government to commit to arresting Netanyahu if he came from the UK, as well as the government’s continued provision of military support to Israel as it engages in genocide against the people of Gaza, is utterly shameful.”

The ICC said there were “reasonable grounds to believe” that Mr Netanyahu and Mr Gallant were responsible for “the war crime of starvation as a method of warfare, and the crimes against humanity of murder, persecution and other inhumane acts.”

The court’s pre-trial chamber also found “reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility as civilian superiors for the war crime of intentionally directing an attack against the civilian population.”

The ICC also issued a warrant for Mohammed Deif, head of Hamas’s armed wing, over the October 7 2023 attacks that triggered Israel’s invasion of Gaza.

No 10 has refused to explicitly comment on “hypotheticals,” but said Britain would follow its “legal obligation,” which implies Mr Netanyahu would face arrest here.

The Prime Minister’s official spokesman confirmed that it would comply with requirements under the International Criminal Court Act 2001, which states that the Secretary of State must, on receipt of a request for arrest from the ICC, “transmit the request and the documents accompanying it to an appropriate judicial officer.”

Number 10 would not specify which Cabinet minister would be responsible for doing so.

A domestic court process would be required before Mr Netanyahu faced arrest if he set foot in Britain.

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