The British government has indicated that Israeli Prime Minister Benjamin Netanyahu might face arrest in the UK in the wake of the ICC’s warrant against him. The warning comes after the ICC charged Netanyahu and former defense minister Yoav Gallant with crimes against humanity and war crimes related to Israel’s military action in Gaza, a conflict escalated by the Palestinian group’s attack on October 7, 2023.
During a press briefing on Friday, a spokesperson for Prime Minister Keir Starmer had avoided commenting directly on whether UK police would detain Netanyahu. The spokesperson said the government would not “get into hypotheticals regarding individual cases.” But he assured that the UK is committed to fulfilling its legal obligations under both national and international law.
Britain signed the Rome Statute-the ICC’s founding treaty-in 1998, and ratified it in 2001. Under the UK’s ICC Act 2001, a request for arrest from the ICC must be sent to the relevant court. Once the request is found to be supported by a warrant and valid on its face by a judicial officer, the warrant can be endorsed for execution in the UK.
Officials have remarked that this statutory framework has never been employed because no person charged with the ICC has ever landed in Britain. In addition, the process about whether a court procedure starts once the ICC issues an arrest warrant or when the individual lands in the UK is not really so clear.
Starmer’s spokesperson said the government is committed to honoring its commitments under the ICC Act and that this is an issue of the utmost gravity.
