Downing Street has hinted that Israeli Prime Minister Benjamin Netanyahu could be arrested if he travels to the UK, due to the International Criminal Court (ICC) issuing an arrest warrant for him over alleged war crimes in Gaza. The UK government has signed a treaty that requires countries to act on arrest warrants issued by the ICC. According to the International Criminal Court Act 2001, if an arrest warrant is issued, a designated minister should transmit the request to an appropriate judicial officer, who can endorse the warrant for execution in the UK. The government stands by the process outlined in the act and will always comply with its legal obligations under domestic and international law.
The prime minister’s official spokesperson did not comment on “hypotheticals” when asked whether Netanyahu would be detained if he enters the UK. The government would fulfil its obligations under the ICC Act 2001, which requires ministers to endorse the warrant for execution if satisfied that the warrant appears to have been issued by the ICC. The spokesperson did not say which secretary of state would be involved in the process, or whether the government was seeking legal advice from Attorney General Lord Hermer.
Last month, Lord Hermer stated that he would not allow political considerations to influence his conclusions if the ICC were to issue an arrest warrant. “It’s not for the attorney to dictate what a government chooses to do. The role of the attorney is to provide fearless legal advice as to what the law requires.” Following the arrest warrants being issued, Downing Street said the UK government respected the ICC’s independence and was focused on pushing for an immediate ceasefire in Gaza.
The impact of the warrants will depend on whether the court’s 124 member states, which do not include Israel or the US, choose to enforce them or not. While US President Joe Biden has called the arrest warrant for the Israeli prime minister “outrageous”, officials from several European countries have stood by the court and said they will implement its decision. Netanyahu and Hamas have both denied the allegations made by the ICC
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