The U.K. government has reversed its opposition to the International Criminal Court (ICC) seeking an arrest warrant against Israeli Prime Minister Benjamin Netanyahu. This shift comes as Labour emphasizes judicial independence and adherence to international law.
Friday marked the deadline for submitting documents for a legal challenge against the ICC, a deadline extended due to the recent U.K. general election and the resulting change in government.
“We’ve been very clear about the importance of the rule of law and the independence of the courts both domestically and internationally,” stated a spokesperson for Prime Minister Keir Starmer. “And our position on this process matter is that it is for the courts and prosecutor to decide and that’s why we’ve not taken forward plans put forward by the previous government.”
This decision contrasts with the previous Conservative government, which had requested the court to provide written observations on its jurisdiction over Israeli nationals, given the Palestinian Authority’s inability to exercise criminal jurisdiction over them. The Conservatives did not submit a full objection before the election.
In May, the ICC issued arrest warrant applications for Netanyahu and Israeli Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity in Gaza since October last year. The charges included starving citizens, willfully causing suffering, and intentionally targeting civilians. Israel has denied the allegations.
British Foreign Secretary David Lammy, who recently visited Israel and the Occupied Palestinian Territories, met with Netanyahu and Palestinian National Authority President Mahmoud Abbas, urging for a ceasefire and the release of all hostages.
In June, Lammy, then shadow foreign secretary, asserted that the U.K. would comply with any ICC ruling, affirming Labour’s commitment to the rules-based order and international law. Prime Minister Starmer also sought legal advice from Attorney General Richard Hermer, one of the Jewish lawyers advocating for Israel’s compliance with international law.
The U.K.’s decision represents a clear departure from the United States, which has not ratified the Rome Statute establishing the ICC. U.S. President Joe Biden criticized the ICC’s decision in May, arguing it created a false equivalence between a democratic state and the Hamas militant group.
Additionally, the U.K. restored funding to UNRWA, the U.N. agency supporting Palestinian refugees, unlike the U.S., which halted funding until at least mid-2025 following accusations against 13 UNRWA staffers of involvement in the Oct. 7 attacks.
The final decision to issue arrest warrants could be delayed as other countries, including Germany and South Africa, might intervene in the case.
