The United Kingdom has withdrawn its plan to question the International Criminal Court’s (ICC) jurisdiction over Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant. The previous Conservative government had sought to argue that the ICC did not have the authority to issue arrest warrants for Israeli nationals in the context of the Palestinian territories. This plan stemmed from the ICC’s prosecutor’s request for arrest warrants for Netanyahu, Gallant, and three Hamas leaders in May, alleging war crimes. The UK, as an ICC member state, intended to submit written observations on this matter, highlighting the potential conflict with the Oslo Accords. However, the Labour Party, which came to power in July, has decided not to pursue this proposal. A spokesperson for Prime Minister Keir Starmer stated that the government will not proceed with the proposal, reiterating their long-standing position that the ICC’s jurisdiction is a matter for the court to decide. The ICC, established as the world’s first permanent international war crimes court, has 124 member states. Member states are obligated to arrest individuals with outstanding ICC warrants if they are found within their territory. As a court of last resort, the ICC intervenes only when a state is unable or unwilling to prosecute war crimes itself. Israel, which is not a member of the ICC, has stated that alleged war crimes in Gaza are being investigated domestically. Notably, the US, Israel’s primary ally, along with China and Russia, are also not ICC members. The ICC’s potential pursuit of Israeli leaders could present a diplomatic challenge for its member states, particularly those in the European Union, who could be forced to arrest the Israeli leaders if warrants are issued. Previous instances have seen member states failing to hand over suspects, such as former Sudanese President Omar Bashir, who was wanted for war crimes and genocide since 2005. Despite these challenges, the UK’s decision to abandon its attempt to challenge the ICC’s jurisdiction over Israeli leaders signifies a shift in policy under the new government.
