British PM supports arrest of Netanyahu

Tories condemn Hague court’s demand for Israeli prime minister to be detained for war crimes if he sets foot in Britain

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Benjamin Netanyahu faces arrest if he visits Britain after Sir Keir Starmer backed the International Criminal Court.
The Hague-based court issued an arrest warrant for the Israeli prime minister as well as Yoav Gallant, the former Israeli defence minister, and Mohammed Deif, a Hamas commander, on Thursday over the Israel-Gaza conflict.
Britain, along with the other 123 members of the ICC, is responsible for enforcing arrest warrants it issues.
The Prime Minister’s official spokesman said the Government respected the court and refused to rule out that Mr Netanyahu would be arrested if he was to come to the UK, in comments widely interpreted as supportive of the decision.
He said: “We respect the independence of the ICC.”
The Conservatives called on Sir Keir to dismiss the ICC’s arrest demand. Dame Priti Patel, the shadow foreign secretary, said: “The decision by the ICC to issue arrest warrants for the democratically elected leader of Israel and Israel’s former defence minister is deeply concerning and provocative.
“This will do nothing to bring about the release of all hostages held and the bringing of much-needed aid into Gaza.”
She added: “The Labour Government must condemn and challenge the ICC’s decision.”
Under the Conservatives, the government had told the court it intended to challenge plans for the arrest warrants.
However, weeks after coming to power, Sir Keir’s Government reversed that position and said it would not object.
David Lammy, the Foreign Secretary, has previously suggested that Britain would comply with an ICC arrest warrant for Mr Netanyahu.
The ICC’s most senior prosecutor, the British barrister Karim Khan, urged all its members to act on the arrest warrants. Italy and the Netherlands swiftly pledged to arrest Mr Netanyahu and Canada voiced support for the court.
The announcement caught the UK Government off guard, given officials had not expected an outcome from the long-running proceedings until after Christmas.
Whitehall sources believe a Cabinet minister – possibly the Home Secretary or Justice Secretary – would need to seek a UK arrest warrant from the courts if the Government decided to enforce the ICC’s decision.The Telegraph has been told no move has yet been taken to order one and Mr Netanyahu has no known plans to visit the UK, avoiding the immediate need for a decision.
The ICC was established in 2002. It has the authority to prosecute those accused of war crimes, genocide and crimes against humanity.
This case involved scrutiny of Hamas’s October 7 attack last year and Israel’s subsequent military operation in Gaza.
Mr Netanyahu and Mr Gallant were found to “each bear criminal responsibility” for acts including “the war crime of starvation as a method of warfare”, “murder” and “persecution”.
Deif, the Hamas military commander, was found “responsible for the crimes against humanity” including “murder”, “extermination” and “rape”.
Israel has said Deif was killed in an air strike in Gaza in July. The ICC could not confirm this and so has issued its arrest warrant.
Sir Keir’s official spokesman said: “We respect the independence of the ICC, which is the primary institutional institution for investigating and prosecuting the most serious crimes in relation to international law.
“This Government has been clear that Israel has a right to defend itself in accordance with international law. There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terror groups.
“We remain focused on pushing for an immediate ceasefire to bring an end to the devastating violence in Gaza.”
Asked repeatedly whether Mr Netanyahu would be arrested if he came to the UK, the spokesman said he would not get into “hypotheticals”.
Downing Street also declined to say whether Mr Netanyahu would be welcome to visit Britain.
Sir Keir’s spokesman said: “We never comment on future international visits but my position on the Prime Minister’s support for Israel in terms of its right to defend itself in accordance with international law is very clear.”
It is possible Mr Netanyahu could use diplomatic immunity to avoid arrest if he came to the UK on an official visit.
Vladimir Putin, the Russian president, was not arrested by Mongolia, an ICC member, in September, despite being wanted on alleged war crimes in Ukraine.
Shortly after taking power in July, Labour scrapped Conservative plans to issue a formal submission opposing attempts to secure an arrest warrant against Mr Netanyahu.
Lord Hermer KC, the Attorney General, said last month the Government was “determined not to do anything that undermines the work of the ICC” and would “comply with our lawful obligations” whatever the scenario.
Senior Tories demanded Sir Keir ignore the ICC. Robert Jenrick wrote on X: “The UK should not enforce this farcical arrest warrant from a politicised court that is itself mired in scandal.
“This latest decision will only fuel the growing perception the ICC is a kangaroo court. Equating Israel’s war of self-defence with Hamas is absurd.
“The ICC has no credibility when it turns a blind eye to the crimes of tyrants like Khomeini and Putin.”
The White House issued a statement saying the US, which is not a member of the ICC and remains a close ally of Israel, “fundamentally rejects” the court’s decision.
In a statement, Joe Biden, the president, said: “The ICC issuance of arrest warrants against Israeli leaders is outrageous.
“Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas.
“We will always stand with Israel against threats to its security.”
Mr Netanyahu’s office said Israel “utterly rejects the false and absurd charges of the International Criminal Court”.
Mr Gallant said the court’s decision “places the state of Israel and the murderous leaders of Hamas in the same row and thus legitimises the murder of babies, the rape of women and the abduction of the elderly from their beds”.
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