The Labour government has taken its most significant action so far in reforming the UK's Middle East strategy by dropping its opposition to an international arrest warrant for Benjamin Netanyahu, despite pressure from Washington to maintain its stance.

On Friday, Downing Street stated that the government would not contest the jurisdiction of the International Criminal Court, where Chief Prosecutor Karim Khan is pursuing a warrant against the Israeli prime minister.

Khan's unprecedented request, aiming to hold a sitting Western-backed leader accountable, focuses on Netanyahu's role in war crimes and crimes against humanity amid the ongoing genocide against Palestinians in Gaza.

Why it matters

The move makes it more likely that the ICC will now grant Khan’s request, in what would be a stunning international rebuke for "Israel" over the way it has conducted the war on Gaza and put Netanyahu at risk of arrest if he travels abroad.

It also reverses months of British policy after the previous government was steadfast in its support of "Israel" and its desire to stick closely to the US position.

Ministers are expected to announce further changes within days, including the results of a review of "Israel’s" compliance with international law. The foreign secretary, David Lammy, has also signaled that he is considering banning some arms sales to "Israel".

The deputy official spokesperson for the Prime Minister stated, “On the submission, this was a proposal by the previous government that was not submitted before the election. I can confirm the government will not be pursuing that in line with our longstanding position that this is a matter for the court to decide on."

“The government feels very strongly about the rule of law internationally and domestically, and the separation of powers, and I would note the courts have already received a number of submissions on either side and they are well seized of the arguments to make their determination,” the spokesperson added.

A flashback

In May, Khan announced his application for warrants against Netanyahu and his Security Minister, Yoav Gallant, for war crimes committed during the ongoing war on Gaza. 

Former Prime Minister Rishi Sunak criticized Khan's decision in May, and a month later, his government notified the ICC of its intent to challenge the court's jurisdiction over Israelis.

"Israel" and the US, neither of which is a signatory to the ICC, had pressured the UK to maintain its objection, warning that dropping it could disrupt "peace negotiations being brokered by Washington."

However, senior Labour figures have consistently asserted they would respect the court's independence. In May, Lammy told the Commons, “Labour’s position is that the ICC chief prosecutor’s decision to apply for arrest warrants is an independent matter for the court and the prosecutor.”

The government's decision does not necessarily mean that Khan's request will be granted. Numerous other groups and countries have informed the court of their intent to make submissions, both in support of and opposing "Israel".

Among them is Germany, which has expressed concerns that Khan's case should not proceed while the war in Gaza is ongoing.

The government's decision does not guarantee that Khan's request will be approved. Numerous other groups and countries have expressed their intention to make submissions to the court.

Among them is Germany, which has raised concerns about hearing Khan's case while the war on Gaza continues.

However, the UK's new stance indicates that the Labour government will adopt a more critical position towards "Israel".

Last week, Lammy announced that the UK would join other nations in reinstating funding to the UN's relief agency for Palestine, UNRWA, reversing the previous government's suspension.

He is also set to reveal the findings of a review into whether "Israel" is violating international law. Additionally, The Guardian reported citing sources that ministers are considering a partial ban on arms sales to "Israel".

The foreign secretary told the Commons last week, “It would not be right to have a blanket ban between our countries and Israel. What is right is for me to consider in the normal way are the issues in relation to offensive weapons in Gaza, following the quasi-judicial process that I have outlined.”

It is worth noting that Pro-Palestinian organizations have praised the UK's change in stance.
 
Zaki Sarraf, the legal officer of the International Centre for Justice for Palestinians, quoted by The Guardian, said, "Respecting the jurisdiction and independence of the ICC is the least the Labour government can do to demonstrate a genuine commitment to justice and accountability."

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