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UK drops ICC jurisdiction challenge over Netanyahu arrest warrant

  • By Al Mayadeen English
  • Source: Agencies
  • 26 Jul 2024 15:45
4 Min Read

The UK prime minister's spokesperson confirmed Britain will no longer pursue the Conservative government's formal claim to the ICC, claiming the court does not have jurisdiction over Israeli settlers.

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  • A demonstrator poses with a Palestinian flag outside the International Criminal Court during a rally urging the court to prosecute
    A demonstrator poses with a Palestinian flag outside the International Criminal Court during a rally urging the court to prosecute "Israel" for war crimes, in The Hague, Netherlands, November 29, 2019. (AP)

Britain announced on Friday that it would no longer pursue efforts to challenge the International Criminal Court's (ICC) jurisdiction over Israeli settlers in the court's process to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Security Minister Yoav Gallant.

"On the ICC submission... I can confirm the government will not be pursuing (the proposal) in line with our long-standing position that this is a matter for the court to decide on," UK Prime Minister Keir Starmer's spokesperson told reporters.

On June 10, the former Conservative government filed a formal claim on whether "the court can exercise jurisdiction over Israeli nationals, in circumstances where Palestine cannot exercise criminal jurisdiction over Israeli nationals (under) the Oslo Accords."

The Tory government was given until July 12 to hand in their full claim but did not end up submitting the proposal.

UK PM Starmer to drop delay on Netanyahu ICC arrest warrant

The Labour Party was voted into power earlier this month following the UK's general elections, headed by Prime Minister Starmer who pledged to drop the previous bid by the Conservative government over the ICC arrest warrants.

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Starmer spoke to both the Palestinian Authority President Mahmoud Abbas and Netanyahu on July 7. 

Starmer spoke to Abbas about Gaza’s "ongoing suffering and devastating loss of life," and expressed his belief that Palestine has the right to sovereignty. 

During his phone call with Netanyahu, Starmer urged for the prime minister to call for a ceasefire in Gaza, stressing that "it was also important to ensure the long-term conditions for a two-state solution were in place, including ensuring the Palestinian Authority had the financial means to operate effectively." 

Labour officials reiterated the party's stance on the ICC’s jurisdiction over Gaza, countering the previous Conservative government's formal claim on June 10 that the court does not have jurisdiction over Israeli settlers. 

The UK was given until July 12 by the ICC's pre-trial chamber to submit their full claim, but it seems that the new Tory government will not go ahead with this, thus lifting the delay on the request for arrest warrants.

According to the UK’s Foreign Office in the legal challenge, the ICC does not have jurisdiction over “Israel” since the Palestinian Authority lacks sovereignty over Israeli settlers under the Oslo Accords, and as such could not transfer jurisdiction over to the ICC. However, according to the ICC, the court is able to exercise its criminal jurisdiction in case of any violations of the Rome Statute in Gaza, the West Bank, and East occupied al-Quds.

Foreign Secretary David Lammy said he would evaluate the future of the UNRWA, a decision the Conservative government refused to restore until the United Nations concluded their investigation of the claim of their staff taking part in the Al-Aqsa Flood Operation on October 7. Lammy also insisted, based on the previous administration’s legal advice, that the UK is not in breach of international humanitarian law through its arms sales to "Israel".

“It’s hard to see how an organization that’s not committed to a two-state solution, and is committed to terrorism, can be part of that solution,” Lammy said, rejecting Hamas' potential governance of Gaza, adding, “But I also recognize that there are real problems at the moment with the Palestinian Authority, which is why this is going to take a lot of work with our partners.”

  • ICC
  • International Criminal Court
  • Netanyahu arrest warrant
  • UK
  • Britain
  • Keir Starmer
  • Labour Party

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