Labour must drop challenge over Netanyahu arrest warrant, says human rights chief

Geneva Abdul
Thu, 25 July 2024


The first pro-Palestine March in London after the election of the Labour government under Keir Starmer, 6 July.Photograph: Antonio Olmos/The Observer

The new UK government must withdraw Rishi Sunak’s legal challenge to the international criminal court’s jurisdiction over alleged war crimes committed by Israel in Gaza, the UK director of Human Rights Watch (HRW) has said.

Yasmine Ahmed said that it is “absolutely critical” that the UK does not continue to challenge the right of the ICC to seek arrest warrants for the Israeli prime minster, Benjamin Netanyahu, and defence minister, Yoav Gallant, who the court’s chief prosecutor, Karim Khan, believes could bear responsibility for crimes against humanity.

In May, Sunak criticised the ICC for seeking arrest warrants for Netanyahu and Gallant alongside Hamas leader Yahya Sinwar and other Hamas operatives, stating there was no moral equivalence between the opposing sides.

Two weeks ago, the Guardian reported that the Labour government was expected to drop the legal challenge against the ICC, but this was later disputed by British diplomats who said the matter remained under review. The ICC has given the new Labour government until 26 July to decide whether to pursue the legal challenge.

“Will the UK government be principled and mature enough and adhere to its own statements of complying with and acting consistently with international law and supporting the rules-based order by withdrawing its application to intervene in the case of the ICC?” said Ahmed.

“It will be now for us to see where the rubber will hit the road.”

Ahmed said the new Labour government had come into power at a time of huge global crisis and uncertainty, with conflicts raging in Gaza, Sudan and Ukraine.

After what she described as years of hostile policies by a Conservative administration that sought to undermine international human rights laws and institutions, she said the government must now actively pursue what the new foreign secretary David Lammy has called Labour’s “progressive realism” approach to human rights.

Ahmed said: “It is an incredibly complex world that they are addressing. We’re seeing a number of crises on a level I don’t know we’ve seen in decades.”

Related: Living in a tent with premature triplets: how fear and anxiety haunt Gaza’s new mothers

Ahmed said she welcomed the government’s decisions to resume funding to the UN Palestine relief agency Unrwa, and to scrap the controversial Rwandan deportation scheme. She also said there was a need to prioritise ending arms licences with Israel and called for urgent action to be taken to respond to the humanitarian crisis in Sudan.

Domestically, she said there needed to be a legislative commitment to the protection of refugees and asylum seekers, and practical measures such as reinserting the duty to comply with international law in the ministerial code.

“We cannot promote and be seen to be, or in fact be, promoting a rules-based order in international law if we’re not also replicating that domestically,” said Ahmed. “We need to give [the government] an opportunity to live up to their rhetoric.”


Government ‘looking at’ Tories’ challenge to ICC over Netanyahu arrest warrant

Sophie Wingate, PA Deputy Political Editor
Thu, 25 July 2024 

Labour is “looking at” the previous Tory government’s objection to the International Criminal Court’s (ICC) application for an arrest warrant against Benjamin Netanyahu, Downing Street has said.

No 10 did not confirm or deny reports that Sir Keir Starmer is expected to drop any legal challenge to the ICC’s pursuit of an arrest warrant against the Israeli premier for alleged war crimes against Palestinians by the end of the week.

But a No 10 spokeswoman reiterated the party’s emphasis on the independence of the Hague-based war crimes court and its chief prosecutor.

She also said “we reject the overall characterisation” in a New York Times article noting the UK would be edging away from its close ally the US on the conflict were it to ditch an appeal contesting the court’s jurisdiction over Israeli citizens.

The spokeswoman told reporters: “We reject the overall characterisation in that piece. The Government has been clear about Israel’s right to self-defence and its right to respond to a terror attack in line with international humanitarian law.

“We’ve been in lockstep with the US on this matter and also in our efforts with the US and other allies in terms of promoting regional stability.”

The newspaper’s report is titled “UK’s Policy on Israel, Long Aligned With America’s, Veers Away”, after the ICC’s efforts to seek arrest warrants against top Israeli leaders have been widely denounced in Washington.

Former MP Jonathan Ashworth was one of several Labour candidates defeated by Independents who made Gaza a major part of their General Election campaign (Lucy North/PA)

The Downing Street spokeswoman continued: “On the ICC, we’ve also spoken consistently about the importance of the independence of both the prosecutor and the court. It is for the prosecutor and the court to make a decision.

“Now, with regard to the previous government’s proposals around a submission, we are looking at that but I don’t have any further updates.”

ICC prosecutor Karim Khan in May requested arrest warrants for Israeli prime minister Mr Netanyahu and defence minister Yoav Gallant over Israel’s war in Gaza.

Rishi Sunak’s government had told the ICC it intended to submit arguments questioning whether the ICC had the right to order the arrest of Israeli nationals.

The ICC has given the Labour Government until Friday to decide whether to pursue the legal bid.

The conflict in Gaza has been a thorn in the Labour leader’s side, with his initial refusal to call for an immediate ceasefire costing the party votes and seats in the General Election despite its landslide.

Former MP Jonathan Ashworth was one of several Labour candidates defeated by Independents who made Gaza a major part of their campaign.

Since entering Government, Labour has restored funding to the United Nations’ Palestine relief agency UNRWA, in a major shift from the stance of the previous government which had suspended funding in January.

Sir Keir has also stressed that a Palestinian state has an “undeniable right” to be recognised as part of a Middle East peace process.

Nine-months into the Israel-Hamas conflict, which has left more than 39,000 dead in Gaza while dozens of Israeli hostages remain in Hamas captivity, Mr Netanyahu vowed to press on with the war until “total victory” in a speech in Washington on Wednesday.

Sacha Deshmukh, Amnesty International UK’s chief executive, said: “Instead of trying to thwart the ICC’s much-needed Palestine investigation, the UK should be backing efforts to bring all perpetrators of war crimes and possible genocide to justice.

“The UK should support the ICC in its role to investigate and then hold all perpetrators of war crimes and possible genocide to account.”


Benjamin Netanyahu arrest warrant row: 'Everyone accountable under law,' says UK Cabinet minister

Nicholas Cecil
Fri, 26 July 2024 


Benjamin Netanyahu arrest warrant row: 'Everyone accountable under law,' says UK Cabinet minister

Cabinet minister Wes Streeting said that “everyone has got to be held accountable under the law” as the new Government considers its stance on the International Criminal Court’s application for an arrest warrant against Benjamin Netanyahu.

The Health Secretary stressed that the new administration in the UK “believe very strongly in the rule of law”.

His comments came after Downing Street confirmed that ministers are “looking at” the previous Tory government’s objection to the International Criminal Court’s (ICC) application for an arrest warrant against Israel’s Prime Minister.

No 10 did not confirm or deny reports that Sir Keir Starmer is expected to drop any legal challenge to the ICC’s pursuit of an arrest warrant against the Israeli premier for alleged war crimes against Palestinians by the end of the week.

Mr Streeting told Sky News: “We believe very strongly in the rule of law, that’s not just domestically but internationally, and the separation of powers between judges and politicians.

“Everyone has got to be held accountable under the law”

“The second thing I would say in terms of this devastating conflict in Gaza, we have been very clear, we need an immediate ceasefire, the return of all hostages and a serious process to deliver lasting peace for the Israelis and the Palestinians, the two-state solution is the only solution.”

Mr Netanyahu met US president Joe Biden in Washington on Thursday, as well as vice president Kamala Harris, as America piles pressure on him to end the Gaza war.

Earlier, a No10 spokeswoman reiterated the Government’s emphasis on the independence of the Hague-based war crimes court and its chief prosecutor.

She also said “we reject the overall characterisation” in a New York Times article noting the UK would be edging away from its close ally the US on the conflict were it to ditch an appeal contesting the court’s jurisdiction over Israeli citizens.

The spokeswoman said: “We reject the overall characterisation in that piece. The Government has been clear about Israel’s right to self-defence and its right to respond to a terror attack in line with international humanitarian law.

“We’ve been in lockstep with the US on this matter and also in our efforts with the US and other allies in terms of promoting regional stability.”

The newspaper’s report is titled “UK’s Policy on Israel, Long Aligned With America’s, Veers Away”, after the ICC’s efforts to seek arrest warrants have been widely denounced in Washington.

The Downing Street spokeswoman continued: “On the ICC, we’ve also spoken consistently about the importance of the independence of both the prosecutor and the court. It is for the prosecutor and the court to make a decision.

“Now, with regard to the previous government’s proposals around a submission, we are looking at that but I don’t have any further updates.”

ICC prosecutor Karim Khan in May requested arrest warrants for Israeli Prime Minister Mr Netanyahu and Hamas's leader in Gaza, Yahya Sinwar, over the latest conflict.

Israeli defence minister Yoav Gallant and Hamas's political leader Ismail Haniyeh, along with the group's military chief Mohammed Deif, are also wanted for arrest.

Rishi Sunak’s government had told the ICC it intended to submit arguments questioning whether the ICC had the right to order the arrests it was seeking.

The ICC has given the Labour Government until Friday to decide whether to pursue the legal bid.