Labour Expected to Drop Challenge to ICC Over Netanyahu Arrest Warrant

Monday 08 July 2024 - 11:55

The new Labour government is expected to abandon a bid to delay the International Criminal Court (ICC) from deciding whether to issue an arrest warrant for Benjamin Netanyahu over alleged war crimes in Gaza.

This development follows UK Prime Minister Keir Starmer's communication with Palestinian Authority President Mahmoud Abbas, where he affirmed the Palestinians' undeniable right to a Palestinian state. Starmer discussed the ongoing humanitarian crisis in Gaza, emphasizing the need for immediate ceasefire. In a similar conversation with Israeli Prime Minister Netanyahu, Starmer stressed the urgency of creating conditions for a sustainable two-state solution, including ensuring adequate financial support for the Palestinian Authority.

Labour officials indicated the party's continued belief in the ICC's jurisdiction over Gaza. Previously, the UK government had challenged this jurisdiction, arguing the ICC lacked authority over Israeli nationals. This challenge, initially submitted confidentially on June 10 and recently disclosed by the ICC, had a deadline of July 12 for the UK to submit its full claim. However, under the new government, it is unlikely this challenge will proceed, potentially expediting the ICC's decision on the arrest warrants.

The UK's legal challenge had questioned whether the ICC could issue warrants for Israeli citizens, citing the Oslo Accords, which do not grant Palestinian authorities jurisdiction over Israelis. Despite Palestine not being recognized as a sovereign state, the ICC ruled in 2021 that it had jurisdiction over alleged violations of the Rome Statute in the West Bank, East Jerusalem, and Gaza.

Foreign Secretary David Lammy announced plans to review issues such as future funding for the Palestinian relief agency UNRWA and the legal advice concerning UK arms sales and international humanitarian law compliance. Notably, the UK has delayed restoring funding to UNRWA pending the outcome of a UN investigation into alleged involvement of UNRWA staff in attacks on Israel in October.

Lammy underscored the UK's commitment to upholding international humanitarian law, stressing the importance of maintaining a rules-based order, especially as authoritarian states flout these norms. He expressed concern for the future governance of Gaza post-conflict, rejecting Hamas's involvement due to their stance against a two-state solution and ties to terrorism, while acknowledging challenges within the Palestinian Authority.