Netanyahu faces arrest if he visits UK, says Starmer's office
The United Kingdom government has said that Israeli Prime Minister Benjamin Netanyahu could be arrested if he visits the UK. This comes after the International Criminal Court (ICC) issued an arrest warrant against Netanyahu and former Israeli Defense Minister Yoav Gallant. The warrants were issued over allegations of crimes against humanity and war crimes in connection with the Gaza conflict, which erupted after Hamas's attack on October 7, 2023.
UK's legal obligations under international law
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." However, the spokesperson did not specifically comment on whether the UK police would detain Netanyahu. The UK is a signatory to the Rome Statute that established the ICC and has a legal framework to execute ICC arrest requests.
UK's ICC Act 2001 and arrest execution process
Under the UK's ICC Act 2001, a government minister must send an ICC arrest request to a competent court. If a judicial officer verifies the warrant's validity, it must be endorsed for execution in the UK. This process has never been used before as no one charged by the ICC has ever visited Britain. It is also unclear if the process starts after an ICC warrant or once the accused arrives in Britain.
UK government's stance on Gaza conflict
Home Secretary Yvette Cooper said it "wouldn't be appropriate for me to comment" on individual processes as the ICC is independent. Cooper stressed that "the UK government's position remains that we believe the focus should be on getting a ceasefire in Gaza." Labour chair of the foreign affairs committee Emily Thornberry claimed if Netanyahu visits Britain, "our obligation under the Rome Convention would be to arrest him under the warrant from the ICC."
Other countries' response to ICC's arrest warrant
Other countries such as Ireland, France, and Italy also said they would arrest Netanyahu if he visited. Irish Prime Minister Simon Harris confirmed Ireland's support for international courts and their warrants. Meanwhile, Germany said it would decide if Netanyahu came but emphasized its strong support for the ICC due to historical reasons. The ICC also issued a warrant for Hamas leader Mohammed Diab Ibrahim al Masri for alleged war crimes and crimes against humanity.
