The UK government has decided to abandon its plan to contest the International Criminal Court's (ICC) authority to issue an arrest warrant for Israeli Prime Minister

Benjamin Netanyahu. In May, the ICC’s chief prosecutor indicated that there were reasonable grounds to suspect Netanyahu of being responsible for war crimes and crimes against humanity.

Previously, the Conservative UK government had shown an intention to challenge the prosecutor's right to request such a warrant but had not taken any action before the recent election. Now, the new Labour government has opted not to pursue this challenge, stating that it is "a matter for the court."

Prime Minister Sir Keir Starmer's spokesperson explained that the courts have already received numerous submissions on both sides, which will aid in their independent decision-making process. Besides Netanyahu, the ICC's chief prosecutor is also seeking arrest warrants for Hamas leaders Yahya Sinwar and Mohammed Deif, as well as Israeli Defence Minister Yoav Gallant. If the ICC issues these warrants, Netanyahu and Gallant could potentially avoid visiting the UK to prevent arrest by British authorities.

Currently, the court is processing 70 similar submissions from various countries. Professor Yuval Shany, an international law expert at Jerusalem's Hebrew University, anticipates that it will take until the autumn for the court to review all submissions and allow the prosecutor to respond if necessary. He noted that the UK's decision not to submit could influence the judges but emphasized that the court must still conduct a legal analysis of the issues raised by the previous UK government.

This decision signals how the UK might respond if the ICC issues arrest warrants for Netanyahu and Gallant. It suggests that the UK government, after deferring to the court, would likely adhere to its rulings. A crucial issue is whether the ICC can claim jurisdiction over Israeli nationals, given that the Palestinian Authority cannot exercise criminal jurisdiction over Israelis under the Oslo Accords.

In 2021, the ICC judges were divided on this matter: one ruled against jurisdiction over Israelis, while two others deferred the decision. Before the UK's recent announcement, Israeli media reported a senior official condemning the UK's potential decision not to submit as "fundamentally wrong" and a distortion of justice.

Amnesty International UK's chief executive, Sacha Deshmukh, praised the UK's decision, criticizing the previous government's approach as "misguided." He urged the UK to support the ICC's investigation into Palestine and hold all war crime perpetrators accountable.

The Gaza conflict has been politically sensitive for Labour, alienating some of its traditional supporters, particularly in the Muslim community. The recent general election saw shadow minister Jonathan Ashworth lose his seat to a pro-Gaza candidate, while other senior party members had their majorities significantly reduced.

Last week, the government resumed funding to Unrwa, the UN agency for Palestinian refugees, after previously halting donations following allegations from Israel that some Unrwa staff were involved in the October 2023 Hamas attacks. An ongoing UN investigation is examining these allegations, but a separate review in April found no evidence supporting Israel's claims that hundreds of Unrwa staff were linked to terror groups. Photo by U.S. Embassy Tel Aviv, Wikimedia commons.