UK signals legal obligation to arrest Netanyahu after ICC ruling

Downing Street has indicated that Israeli Prime Minister Benjamin Netanyahu faces arrest if he enters British soil, following the International Criminal Court’s (ICC) arrest warrant.

While No 10 avoided explicit confirmation, a spokesman said the government would follow its legal obligations.

On Thursday, the ICC issued the arrest warrant for Netanyahu, along with Israel’s former defence minister Yoav Gallant, over alleged war crimes in Gaza.

A spokesperson for Prime Minister Keir Starmer said: “The UK will always comply with its legal obligations as set out by domestic law and indeed international law.”

He added: “I’m not going to get ahead of the process or provide commentary on individual cases.” 

It came after Yvette Cooper, the home secretary, declined to comment on the issue.

Emily Thornberry, Labour chair of the foreign affairs committee, was more direct, telling Sky News: “If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC.

“Not really a question of should, we are required to because we are members of the ICC.”

Husam Zomlot, the Palestinian ambassador to the UK, said: “We welcome the announcement by the UK government that the UK respects the independence of the International Criminal Court (ICC) and would comply with Netanyahu and Gallant’s arrest warrant. 

“Supporting the independence of the ICC is the floor not the ceiling of the UK’s responsibilities as a member state. 

“Adherence to international law cannot be selective and must not be politicised.”

The UK’s legislation on the ICC ultimately gives the courts the final decision on whether to proceed with an arrest and “delivery” of a suspect.

EU member states obliged to enforce ruling

Other European nations, including Ireland, The Netherlands, and Italy, already signalled they would enforce the arrest warrant.

When asked if police would arrest the Israeli leader, Ireland’s Taoiseach Simon Harris said: “Yes, absolutely. We support international courts and we apply their warrants.”

Canada’s Prime Minister Justin Trudeau confirmed it would abide by the ruling. said: “We stand up for international law, and we will abide by all the regulations and rulings of the international courts.”

European Union foreign policy chief Josep Borrell confirmed all 27 EU member states are legally obliged to enforce them, including Germany and Hungary.

Countries with authoritarian and far-right governments or history have shown marked resistance to enforcing the ICC’s warrants.

Germany cited its Nazi past and “unique relationship” with Israel as reasons to potentially avoid detention, despite being “one of the biggest supporters of the ICC.”

“We will carefully examine the domestic steps. Further only would be possible if a stay of Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant is foreseeable in Germany,” the German government said.

Hungary’s far-right populist leader Viktor Orban expectedly sided with his counterpart Netanyahu, openly defying the order and extending a state visit invitation to the Israeli PM.

The United States, not an ICC member since refusing to ratify the Rome Statute in 2002, has strongly opposed the warrants. 

Washington’s selective approach to international justice mechanisms adds weight to concerns that global institutions are enforced unevenly depending on US strategic interests.

Donald Trump’s incoming national security advisor, Congressman Mike Waltz, warned of a “strong response” from the future administration. Reports suggest Trump is considering sanctions against the British lawyer Karim Khan, who was involved with the ICC warrant.

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