Starmer backs ICC’s independence after war crimes arrest warrant for Netanyahu

Sir Keir Starmer backed the International Criminal Court after it issued arrest warrants for Israel’s prime minister and former defence minister over alleged war crimes in Gaza.

Downing Street said the Government respected the independence of the ICC after the warrants were issued for Benjamin Netanyahu and Yoav Gallant.

The Prime Minister’s 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 Mr Netanyahu faced arrest if he set foot in the UK.

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

Israel is believed to have killed Deif in an airstrike, but Hamas has never confirmed his death.

The issuing of warrants for the Israeli prime minister and ex-defence minister along with a Hamas leader, led to critics claiming the court was drawing a moral equivalence between the government of a democracy and a group banned as a terrorist organisation  in many countries, including the UK.

The Prime Minister’s 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.”

Asked if Mr Netanyahu would be arrested if he came to the UK, the spokesman said: “We are not going to get into hypotheticals.”

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 ICC 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 impact of the warrants is likely to be limited since Israel and its major ally, the United States, are not members of the ICC.

Mr Netanyahu said Israel “rejects with disgust the absurd and false actions” and “there is nothing more just than the war that Israel has been waging in Gaza”.

Shadow foreign secretary Dame Priti Patel said the warrants were “concerning and provocative”.

She criticised the ICC for drawing a “moral equivalence” between Israel’s actions in Gaza and the Hamas terrorist atrocity on October 7, 2023, which triggered the military response.

She said: “The Labour Government must condemn and challenge the ICC’s decision.”

Before the election in July, Tory ministers had been considering lodging a legal challenge to the issuing of arrest warrants, but the Labour administration dropped that idea, saying it was a matter for the court to rule on.

Liberal Democrat foreign affairs spokesman Calum Miller said: “The previous Conservative government denigrated the International Criminal Court and undermined the UK’s standing on the world stage.

“It is vital that the new Government complies with our obligations under international law by committing to upholding this ruling, including enforcing arrest warrant.”

Former Labour leader Jeremy Corbyn and his Independent Alliance group of MPs wrote to Sir Keir urging him to confirm the UK would enforce the arrest warrants.

SNP Westminster leader Stephen Flynn, Plaid Cymru’s Liz Saville Roberts and Green Party co-leader Carla Denyer also urged an end to UK arms sales to Israel.