UK: Labour pits itself against Conservatives by backing ICC on Netanyahu arrest warrant
The UK’s opposition Labour Party has backed the International Criminal Court (ICC) after its chief prosecutor, Karim Khan, announced he would be seeking arrest warrants for Israeli and Hamas leaders, including Prime Minister Benjamin Netanyahu.
Supporters of Israel and Netanyahu, including US President Joe Biden, have responded to Khan's announcement with outrage. However, Shadow Foreign Secretary David Lammy defended the court, saying it was the “cornerstone” of international law.
“Labour has been clear throughout this conflict that international law must be upheld,” Lammy said in parliament on Monday following Khan’s announcement.
“The independence of international courts must be respected,” Lammy continued. “Arrest warrants are not a conviction or determination of guilt, but they do reflect the evidence and judgement of the prosecutor about the grounds for individual criminal responsibility.”
Khan issued five applications for arrest warrants on Monday, including three Hamas leaders - Yahya Sinwar, Mohammed Deif and Ismail Haniyeh - as well as Netanyahu and Israeli Defence Minister Yoav Gallant.
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The application for arrest warrants will be submitted to a panel of judges at the ICC, who will then decide whether to issue them.
Grounds for the application include war crimes and accusations of crimes against humanity related to the 7 October attacks, with regard to the Hamas leaders, and the conduct of Israel’s war on Gaza for Gallant and Netanyahu.
Earlier in the war, there was consensus amongst Labour and the Conservatives to back Israel in the conflict.
Labour leader Keir Starmer, a former human rights lawyer, backed Israel’s decision to cut off food, water and other essentials to Gaza’s population.
'The independence of international courts must be respected'
- David Lammy, shadow foreign secretary
However, as the war progressed, Labour called for a humanitarian ceasefire and began to backtrack from its previous strong support of Israel.
That has coincided with a drop in support amongst traditionally Labour-backing constituencies, such as the British Muslim community.
The ruling Conservative party, however, continues to strongly back Israel.
Britain’s Deputy Foreign Secretary Andrew Mitchell accused the ICC of making “unworthy and ludicrous” comparisons by issuing arrest warrants for Hamas and Israeli leaders together.
“We do not believe the ICC prosecutor seeking warrants will help with a ceasefire. As we have said from the outset, we do not think the ICC has jurisdiction in this case.”
General elections are due to be held later this year in the UK, and opinion polls show that a Labour win is very likely.
‘Complicity’
The consequences of supporting Israel in its war on Gaza are not limited to the ballot box.
Khan’s application for arrest warrants may not lead to criminal convictions for Netanyahu and Gallant, but it does further consolidate Israel’s new-found pariah status in the international community.
The state already faces genocide charges at the International Court of Justice after South Africa filed a case against it in late December.
These legal manoeuvres place the UK in an increasingly awkward position when justifying its support of Israel.
Speaking after the ICC announcement, the Scottish National Party’s Westminster leader, Stephen Flynn, said the UK was “complicit” in the deaths of Palestinians in Gaza.
“The supply of arms to Israel must be halted and an immediate ceasefire demanded. Westminster’s equivocation has left it complicit in the deaths of thousands of civilians and the collective punishment of the Palestinian people must now stop," Flynn said.
The International Centre of Justice for Palestinians (ICJP), a UK-based advocacy group, has previously filed a criminal complaint against senior British politicians, including ministers, over their alleged complicity in war crimes committed in Gaza.
In January, the ICJP said it handed over hard drives and evidence dossiers to the Metropolitan Police's war crimes unit.
The group has also warned 82 British universities that university officers may have committed criminal offences if their institutions had profited from investments linked to weapons used in the besieged territory.
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