Seeking arrest warrants for Benjamin Netanyahu and other Israeli and Hamas leaders will not help achieve the UK’s aims of a sustainable ceasefire in Gaza, the UK government has said.
The chief prosecutor of the International Criminal Court (ICC) has said he will apply for arrest warrants for the Israeli prime minister along with defence minister Yoav Gallant and Hamas leaders Yehya Sinwar, Mohammed Deif and Ismail Haniyeh, alleging they are responsible for war crimes in Gaza and Israel.
Karim Khan, the chief prosecutor, accused Israel of using “starvation as a method of warfare” and carrying out “collective punishment” of the population of Gaza.
Regarding the Hamas attack on Israel on October 7th, he said the terrorist actions were “unconscionable crimes” that “demand accountability”.
Commenting on Mr Khan’s application for arrest warrants, a UK government spokesperson said: “We do not believe that seeking warrants will help get hostages out, get aid in, or deliver a sustainable ceasefire.
“This remains the UK’s priority.
“As we have said from the outset, we do not think the ICC has jurisdiction in this case. The UK has not yet recognised Palestine as a state, and Israel is not a state party to the Rome Statute.”
A panel of three ICC judges must consider Mr Khan’s application, in a process that takes an average of two months.
As Israel is not a member of the ICC, neither Mr Netanyahu nor Mr Gallant would be at immediate risk of arrest should the judges agree to issue warrants, but it could make it difficult for either man to travel abroad.
Two of the Hamas leaders named by Mr Khan are believed to be in hiding in Gaza, but Mr Haniyeh, the group’s overall leader, is based in Qatar.
SNP leader Stephen Flynn said the decision to apply for arrest warrants was “a deeply serious development” that “pulls into sharp focus the full extent of the horrors committed by Hamas as well as the grotesque and deadly Israeli government response”.
Repeating calls for an immediate ceasefire and an end to arms exports to Israel, he added: “Both the UK Government and the Labour Party must stand by international law and, whilst this application for an arrest warrant is determined, confirm that they will both fully support the final determination that is made by the court.”
Liberal Democrat leader Ed Davey said the crimes alleged by Mr Khan were “among the worst imaginable”.
He said: “The UK must stand up for international law and give the ICC our full support to deliver justice.
“We must also suspend arms exports to Israel and press for an immediate bilateral ceasefire and the release of the hostages.”
Individuals subject to outstanding ICC arrest warrants include Omar Al-Bashir, the former president of Sudan alleged to be responsible for war crimes in Darfur, Saif Gaddafi, the son of former Libyan dictator Muammar Gaddafi, and Ugandan warlord Joseph Kony.
