Patrick Wintour Diplomatic editor
THE GUARDIAN
Tue 26 November 2024
‘As of Thursday, the UK is now arming suspected war criminals who have been indicted by the world’s pre-eminent criminal court,’ says a lawyer for Global Legal Action Network.Photograph: Sam Tobin/Reuters
Campaigners trying to block UK sales of F-35 jet engine parts to Israel will apply for an emergency high court injunction in light of the international criminal court issuing arrest warrants for the Israeli prime minister, Benjamin Netanyahu.
Campaigners at Global Legal Action Network (Glan) and Al-Haq say it is unconscionable British manufacturers are still selling parts that can be used to bomb Palestinians in Gaza. The government has until Friday to file a defence.
At a high court hearing on 18 November, the UK government admitted potential damage to the UK/US relationship was a factor in deciding to continue allowing some exports.
In other previous hearings the court ordered ministers to disclose the rationale for continuing to sell F-35s, at a time when they admitted Israel was breaching international law. The court was not due to hear the case again until January when an extended hearing date was due to be set.
Ministers say F-35 parts go into a general pool and it is not possible to determine which parts will be sold to the Israelis for use in Gaza. The Labour government reversed a Conservative decision to allow some arms export licences to Israel to continue. Labour found that there was a risk the arms would be used to cause serious breach of international humanitarian law.
Last week the international criminal court issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, the country’s former defence minister Yoav Gallant and the Hamas military leader Mohammed Deif for alleged war crimes relating to the Gaza war. Netanyahu’s office denounced the court’s decision as “antisemitic”.
Glan lawyer Charlotte Andrews-Briscoe said: “It is unconscionable that the UK continues to allow British-made components for F-35s to be used in Israel’s extermination campaign against Palestinians. As of Thursday, the UK is now arming suspected war criminals who have been indicted by the world’s pre-eminent criminal court. For 13 months, Glan and Al-Haq have argued that weapons sales to Israel are unlawful. When will it be enough? Does the UK government have any red lines?”
Al-Haq spokesperson Zainah El-Haroun said: “The latest arrest warrants issued against Israeli Prime Minister Netanyahu and former Defence Minister Gallant for the commission of war crimes and crimes against humanity add to the insurmountable evidence that British weapons, particularly F-35 components, are being used to commit international crimes, including genocide.”
The move by the two groups, supported by other human rights groups, is the first practical impact of the ICC arrest warrants. It also comes as Conservatives claim that UK laws would prevent the arrest of Netanyahu if he visits the UK as Israel is not a signatory to the Rome statute, the treaty on which the ICC is based.
The foreign secretary, David Lammy, has said the UK will follow due process, suggesting debate is continuing about the legal immunities provided to elected leaders.
In the Commons the foreign office minister, Anneliese Dodds, accepted that Israel was not doing enough to secure humanitarian aid into Gaza, a position that contrasts with the US that claims there has been a substantial improvement in the flow of aid since the US threatened more than a month ago to to withhold arms shipments.
The US last week dropped the threat to withhold arms and also vetoed a UN security council resolution that called for an immediate and unconditional ceasefire, as well as the release of Israeli hostages.
Dodds told MPs “we’re seeing a very disturbing impact from those restrictions, we’ve seen it in the famine assessment, in the levels of malnutrition and ill-health now prevalent in Gaza. Winter of course is now upon us, making that situation even worse, those restrictions on aid are unacceptable, they must be lifted immediately.”
Tue 26 November 2024
‘As of Thursday, the UK is now arming suspected war criminals who have been indicted by the world’s pre-eminent criminal court,’ says a lawyer for Global Legal Action Network.Photograph: Sam Tobin/Reuters
Campaigners trying to block UK sales of F-35 jet engine parts to Israel will apply for an emergency high court injunction in light of the international criminal court issuing arrest warrants for the Israeli prime minister, Benjamin Netanyahu.
Campaigners at Global Legal Action Network (Glan) and Al-Haq say it is unconscionable British manufacturers are still selling parts that can be used to bomb Palestinians in Gaza. The government has until Friday to file a defence.
At a high court hearing on 18 November, the UK government admitted potential damage to the UK/US relationship was a factor in deciding to continue allowing some exports.
In other previous hearings the court ordered ministers to disclose the rationale for continuing to sell F-35s, at a time when they admitted Israel was breaching international law. The court was not due to hear the case again until January when an extended hearing date was due to be set.
Ministers say F-35 parts go into a general pool and it is not possible to determine which parts will be sold to the Israelis for use in Gaza. The Labour government reversed a Conservative decision to allow some arms export licences to Israel to continue. Labour found that there was a risk the arms would be used to cause serious breach of international humanitarian law.
Last week the international criminal court issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, the country’s former defence minister Yoav Gallant and the Hamas military leader Mohammed Deif for alleged war crimes relating to the Gaza war. Netanyahu’s office denounced the court’s decision as “antisemitic”.
Glan lawyer Charlotte Andrews-Briscoe said: “It is unconscionable that the UK continues to allow British-made components for F-35s to be used in Israel’s extermination campaign against Palestinians. As of Thursday, the UK is now arming suspected war criminals who have been indicted by the world’s pre-eminent criminal court. For 13 months, Glan and Al-Haq have argued that weapons sales to Israel are unlawful. When will it be enough? Does the UK government have any red lines?”
Al-Haq spokesperson Zainah El-Haroun said: “The latest arrest warrants issued against Israeli Prime Minister Netanyahu and former Defence Minister Gallant for the commission of war crimes and crimes against humanity add to the insurmountable evidence that British weapons, particularly F-35 components, are being used to commit international crimes, including genocide.”
The move by the two groups, supported by other human rights groups, is the first practical impact of the ICC arrest warrants. It also comes as Conservatives claim that UK laws would prevent the arrest of Netanyahu if he visits the UK as Israel is not a signatory to the Rome statute, the treaty on which the ICC is based.
The foreign secretary, David Lammy, has said the UK will follow due process, suggesting debate is continuing about the legal immunities provided to elected leaders.
In the Commons the foreign office minister, Anneliese Dodds, accepted that Israel was not doing enough to secure humanitarian aid into Gaza, a position that contrasts with the US that claims there has been a substantial improvement in the flow of aid since the US threatened more than a month ago to to withhold arms shipments.
The US last week dropped the threat to withhold arms and also vetoed a UN security council resolution that called for an immediate and unconditional ceasefire, as well as the release of Israeli hostages.
Dodds told MPs “we’re seeing a very disturbing impact from those restrictions, we’ve seen it in the famine assessment, in the levels of malnutrition and ill-health now prevalent in Gaza. Winter of course is now upon us, making that situation even worse, those restrictions on aid are unacceptable, they must be lifted immediately.”
Minister: UK courts would need to make decision on Netanyahu arrest warrant
Richard Wheeler, Rhiannon James and Claudia Savage, PA
Mon 25 November 2024
British courts would be required to decide whether to enforce an international arrest warrant should Benjamin Netanyahu enter the UK, according to the Government.
Foreign Office minister Hamish Falconer was repeatedly urged by MPs to give a definitive answer on the UK’s likely action after the International Criminal Court (ICC) issued a warrant for the Israeli prime minister and his former defence minister Yoav Gallant over alleged war crimes in Gaza.
Mr Falconer said there is a domestic legal process to be followed through the courts that “determines whether or not to endorse an arrest warrant” by the ICC, adding this has “never been tested” as the UK has yet to be visited by an ICC indictee.
Shadow foreign secretary Dame Priti Patel claimed the “only beneficiaries” of the ICC’s decision are “Hamas and their terrorist sponsors Iran” and said the Conservatives believe the warrants have “no basis in international law”.
In reply to Labour MP Sarah Owen (Luton North), Mr Falconer told the Commons: “I’d like to just be clear that what I have said this afternoon is not that the Government will uphold arrest warrants.
“What I have been clear about this afternoon is that due process will be followed. These are questions for independent courts in the UK, and it is independent courts that would review the arrest warrants if that situation were to arise.”
Responding to an urgent question on the ICC’s decision, Mr Falconer earlier said: “In line with this Government’s stated commitment to the rule of law, we respect the independence of the ICC. We will comply with our international obligations.
“There is a domestic legal process through our independent courts that determines whether or not to endorse an arrest warrant by the ICC, in accordance with the ICC Act of 2001.
Labour leader Sir Keir Starmer with Hamish Falconer (Stefan Rouseau/PA)
“This process has never been tested because the UK has never been visited by an ICC indictee. If there were to be such a visit to the UK, there would be a court process and due process would be followed in relation to those issues.
“There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, two terrorist organisations. This Government has been clear, Israel has a right to defend itself in accordance with international law, that right is not under question, and the court’s approval of the warrants last week do not change that.”
For the Conservatives, Dame Priti said: “In charging Israeli leaders alongside Hamas, the ICC appears to be drawing a moral equivalence between Israel’s war of self-defence and Hamas terrorism. We utterly reject any moral equivalence.
“The only beneficiaries of this decision are Hamas and their terrorist sponsors Iran, who are now celebrating this propaganda coup as a great victory for Hamas and Hezbollah. Since the ICC decision, we have had dither from ministers and confused messaging and no clarity. So I’m grateful to the minister today for his remarks.
“And as to the issue of warrants, we have raised serious concerns over process, jurisdiction and the position on complementarity principle, and believe the warrants of Mr Netanyahu and Gallant have no basis in international law.”
Benjamin Netanyahu with Yoav Gallant (Abir Sultan/AP)
Conservative MP Sir Bernard Jenkin (Harwich and North Essex) asked: “Can we be absolutely clear about what the Government is saying, because it seems that the Government is not saying there would be an automatic arrest should Benjamin Netanyahu arrive in this country but that there would be due process?
“And could he confirm that customarily international law does not permit the arrest or the delivering of the serving prime minister of a non-state party to the ICC?
“So he’s committing to due process but he’s not committing to arrest. Am I correct in understanding that?”
Mr Falconer replied: “There’s domestic legal process through our independent courts, we cannot prejudge that process.
“I note that the shadow attorney general has written to the Attorney General on questions of detail in relation to some of the points you allude to and the Attorney General tells me he’ll be writing back on those more detailed points.”
Dame Priti Patel (Victoria Jones/PA)
Labour MP Abtisam Mohamed (Sheffield Central) asked the minister to “review all diplomatic, economic and political relations with Israel” to ensure the UK is “not complicit with the atrocities taking place in Gaza, the West Bank and in Lebanon”.
Independent MP Iqbal Mohamed (Dewsbury and Batley) said: “The ICC arrest warrants are welcome but in themselves will not bring an end to Israeli war crimes and ethnic cleansing and the killing of innocent men, women and children.”
Several MPs, including Labour’s Melanie Ward (Cowdenbeath and Kirkcaldy), also repeated calls for the Government to sanction Israeli finance minister Bezalel Smotrich and national security minister Itamar Ben-Gvir.
Mr Falconer told MPs: “I recognise the two that I’ve been pressed on the most this afternoon are of intense political interest. But despite their intense political interest, were we to prejudge sanctions and trail them in this House before we made them, we would reduce their impact.
“The same is true of the hundreds of sanctions that we have done on Russia over the years and the same in every forum.”
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