'Israel' lobbied UK to alter war crimes-related arrest warrants
8 Min Read
The ten-year campaign has focused on lobbying the UK to alter its approach to universal jurisdiction legislation, which permits the prosecution of serious crimes in other countries.
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Osama al-Taweel holds up the bodies of his grandchildren who were killed in an Israel airstrike on the Gaza Strip, as he arrives at the hospital morgue in Deir al-Balah, in Palestine, on August 29, 2024. (AP)
In a recent report, Declassified UK highlighted how the Israeli government’s campaign aimed to influence the UK’s universal jurisdiction legislation, which allows for the prosecution of serious crimes committed abroad.
When retired Israeli general Doron Almog boarded his flight from Tel Aviv on September 11, 2005, he anticipated stepping onto British soil shortly. However, minutes after arriving at Heathrow Airport, an Israeli embassy official came aboard and advised Almog to remain on the plane.
An arrest warrant had been issued for the former army chief concerning war crimes in Gaza, and British police officers were waiting at the immigration desk to apprehend him. Almog stayed on the aircraft for two hours before ultimately returning to "Israel". UK counter-terrorism police opted not to board the plane, fearing that such an action could lead to a confrontation on the tarmac.
This incident marked what appeared to be the first time an arrest warrant had been issued in Britain for an Israeli related to abuses against Palestinians, sending shockwaves through the Knesset.
In the aftermath, the Israeli government embarked on a decade-long campaign to prevent a recurrence of such an event, as revealed by leaked files reviewed by Declassified.
This campaign focused on lobbying the UK to alter its approach to universal jurisdiction legislation, which permits the prosecution of serious crimes in other countries, as per the report. The objective was to ensure that Israeli officials could visit Britain without the risk of arrest, particularly those accused of grave abuses against Palestinians.
The leaked emails and memos stem from a hack of the Israeli Ministry of Justice by a group known as Anonymous for Justice, which identifies itself as a “hacktivist collective".
In April, Israeli authorities confirmed that a “cyber incident” had occurred and stated it was “under review". They did not provide any further comments when contacted.
Activist slams Israeli lobbying as threat to UK democracy
Huda Ammori, co-founder of Palestine Action, expressed her outrage to Declassified, saying, “It’s despicable and an affront to our democracy that the Israeli government has the ability to lobby our government to change the laws in their favor, to stop them from being prosecuted for war crimes.”
Her organization seeks to shut down Israeli arms factories in the UK. Ammori pointed out that the Crown Prosecution Service (CPS) is “now persecuting people from Palestine Action for trying to stop war crimes being committed by the Israeli state.” She further criticized the system, stating, “Our system in this country works to favor suspected war criminals over the rights of its own citizens trying to stop those war crimes from happening.”
'Israel' lobbied to ease universal jurisdiction laws following Almog's incident
After Almog’s close call in 2005, the Israeli government began privately lobbying Britain to soften its stance on universal jurisdiction. This principle allows for the prosecution of severe crimes, such as genocide and torture in foreign countries.
One memo from "Israel" to the UK’s Ministry of Justice expressed worries about the “misuse of existing criminal procedures in the UK in universal jurisdiction cases, as it affects Israeli nationals.” The memo suggested that “serious consideration be given to addressing these concerns, in the immediate term, through specific legislative amendments.”
Among the proposed changes was a requirement for “the consent of the Attorney-General or the DPP [Director of Public Prosecutions] before an arrest warrant or summons is issued.” The UK government was also urged to clarify the factors that would influence the Attorney General or the DPP's decision to grant such consent.
It appears that "Israel’s" recommendations were favorably received, the report stressed.
In September 2011, David Cameron’s coalition government enacted new legislation mandating that the consent of the DPP be obtained before issuing universal jurisdiction arrest warrants—exactly as "Israel" had requested.
At the time, Britain’s Foreign Secretary William Hague emphasized that the changes were designed with Israeli officials in mind, stating, “We cannot have a position where Israeli politicians feel they cannot visit this country.”
Not enough for 'Israel'
Despite the legislative changes, the Israeli government remained unconvinced that its officials—both current and former—were entirely safe from arrest in Britain.
In October 2011, former Israeli Foreign Minister Tzipi Livni visited Britain and faced an arrest application over war crimes linked to Operation Cast Lead, an Israeli aggressive bombing campaign in Gaza from 2008 to 2009. Following the new legislation, the application was forwarded to the DPP, Keir Starmer, who, according to an Israeli document, was “actively considering granting his consent” for the arrest.
However, Starmer took enough time to deliberate on the evidence that the Foreign Office was able to grant Livni “special mission status” for her visit, thereby providing her with temporary diplomatic immunity.
Livni ultimately walked free, but the situation reinforced the Israeli government's belief that Britain’s new safeguards were inadequate to protect its officials from potential arrest. Consequently, the Israeli "Ministry of Justice" continued to lobby Britain regarding its approach to universal jurisdiction cases.
In June 2013, the Israeli attorney general engaged in “detailed and expansive discussions” with Starmer on this matter. A subsequent meeting included CPS international director Patrick Stevens and Marlene Mazel from "Israel’s" department of Special International Affairs, according to the report.
Still not enough
In 2016, high-level discussions between the UK and "Israel" continued with the initiation of a “UK-Israel dialogue on Universal Jurisdiction,” according to the leaked documents as reported by Declassified. This dialogue began in November when Israeli Foreign Minister Tal Becker and Justice Minister Roy Schondorf met with then-DPP Alison Saunders and other British officials in London.
The meeting was conducted under a veil of secrecy, with one Israeli note instructing, “Make sure the meeting is not subject to the FOI [Freedom of Information] Act.” During their discussions, the Israeli delegation reiterated that their officials “would like to visit the UK for a variety of reasons” but that “the status quo complicates their ability to do so.”
The documents also highlighted that the situation had taken “a harsh tone that is surprising between close friendly nations,” with the Israeli government frequently applying for “special mission” certificates, which consumed “a substantial amount of senior UK officials’ time.”
To address these concerns, further changes to British legislation were proposed, including the drafting of a UK-"Israel" agreement on concurrent jurisdiction and shifting the consent requirement from the DPP to the Attorney General.
Additionally, it was agreed that “a high-level UK official will publish a public statement regarding the independence, fairness, and impartiality of the Israeli legal system,” as noted in one of the Israeli files.
Once again, this was insufficient for the Israeli government. In the weeks that followed, Israeli officials persisted in urging the UK government for further changes, expressing frustration over how “unnecessary and unmeritorious processes” could be initiated against “members of the Israeli government […] and military.”
In a confidential communication, the UK’s Ministry of Justice attempted to reassure Israeli officials that “since the introduction of a requirement for the DPP to approve applications for private arrest warrants, no such arrest warrants have [been] issued for anyone, including Israeli visitors.” However, the matter appears to remain unresolved.
Since 2016, the Israeli government has continued to seek “special mission” certificates for visiting officials, including Livni and former Security minister Shaul Mofaz. The UK government has granted these certificates even amid the ongoing Israeli genocide in Gaza, with former war cabinet minister Benny Gantz receiving diplomatic immunity to visit Britain in March 2024 for meetings with then-Foreign Secretary David Cameron.
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