UK Government Acknowledges Legal Duty Regarding Potential Arrest of Israeli PM Netanyahu

Downing Street has indicated that Israeli Prime Minister Benjamin Netanyahu could face arrest if he travels to the United Kingdom, following the issuance of an international arrest warrant against him. A spokesperson for No 10 declined to comment on the specifics of the situation but affirmed that the government would uphold its “legal obligations.” On Thursday, the International Criminal Court (ICC) issued arrest warrants for Netanyahu and Israel’s former defence minister Yoav Gallant, citing alleged war crimes committed in Gaza. The United Kingdom, as one of the court’s member countries, is bound by a treaty that mandates action on such arrest warrants. When questioned about whether Netanyahu would be detained upon entering the UK, the prime minister’s official spokesman refrained from addressing “hypotheticals.” Nevertheless, he reiterated: “The government would fulfil its obligations under the act and indeed its legal obligations.” This statement refers to the International Criminal Court Act 2001, which stipulates that should the court issue an arrest warrant, a designated minister “shall transmit the request… to an appropriate judicial officer.” This officer, if satisfied that the warrant originates from the ICC, “shall endorse the warrant for execution in the United Kingdom.” The PM’s spokesman confirmed the government’s adherence to the procedures outlined in this act, stating it would “always comply with its legal obligations as set out by domestic law and indeed international law.” He could not specify which secretary of state would be involved in the process nor did he answer inquiries regarding whether the government was seeking legal counsel from Attorney General Lord Hermer, the UK’s chief legal advisor, concerning the matter. Typically, international arrest warrants and extradition requests are routed to a specialized team within the Home Office for preliminary verification before any action is taken. UK legislation pertaining to the ICC grants the courts the ultimate authority to determine whether an arrest and “delivery” of a suspect should proceed. Regarding the Prime Minister’s willingness to engage with Netanyahu, his spokesman stated it was “obviously important that we have a dialogue with Israel on all levels,” characterizing the nation as “a key partner across a range of areas.” Last month, Lord Hermer informed the BBC that political considerations would not sway his conclusions if the ICC were to issue an arrest warrant. He asserted: “My advice [on an arrest warrant for Mr Netanyahu] would be legal advice, based on analysis of the law.” He further explained: “It’s not for the attorney to dictate what a government chooses to do. The role of the attorney is to provide fearless legal advice as to what the law requires, what the contents of the law is, and where the law takes you. And that’s what I’m going to do.” Following the issuance of the arrest warrants on Thursday, Downing Street affirmed that the UK government respects the ICC’s independence and remains committed to advocating for an immediate ceasefire in Gaza. The court also issued a warrant for Hamas military commander Mohammed Deif, whom Israel claims was killed in July, for alleged war crimes related to the 7 October 2023 attacks against Israel. Shadow foreign secretary Dame Priti Patel criticized the ICC for establishing a “moral equivalence” between Israel’s actions in Gaza and the 7 October attacks. She urged the government to “condemn and challenge” the court’s decision, deeming it “concerning and provocative.” After assuming power, the new Labour government abandoned its predecessor’s intention to dispute the ICC’s authority to issue arrest warrants, stating it was a matter for judicial determination. The effectiveness of these warrants hinges on whether the court’s 124 member states—which do not include Israel or its ally, the US—opt to enforce them. US President Joe Biden labeled the arrest warrant for the Israeli prime minister “outrageous,” asserting there is “no equivalence” between Israel and Hamas. Conversely, officials from several European nations have expressed support for the court and indicated their intention to implement its decision. Both Israel and Hamas dispute the allegations made by the ICC, with Netanyahu branding the warrant “antisemitic.” Netanyahu condemned the ICC’s decision as “antisemitic”. Hamas did not mention the warrant for Deif but welcomed those for Netanyahu and Gallant. French foreign minister Jean-Noel Barrot informed the BBC that the ICC’s decision “is the formalisation of an accusation, it is by no means a judgement.” He further stated on the Sunday with Laura Kuenssberg show: “We also say that we’ve condemned, in [the] strongest possible terms, the fact that humanitarian help has not been able to reach civil populations in Gaza while the situation is catastrophic.“But in no way do we draw any form of equivalence between the Hamas leaders that have been targeted by arrest warrants by the ICC and the government of Israel.”