Britain drops its challenge to ICC arrest warrants for Israeli leaders

Britain said on Friday it would not proceed with efforts to question whether the International Criminal Court (ICC) has jurisdiction to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant.

In May, the ICC's prosecutor said he had requested arrest warrants for Netanyahu, Gallant and three Hamas leaders over alleged war crimes.

Court documents made public in June showed Britain, an ICC member state, had filed a request with the court to provide written observations on whether "the court can exercise jurisdiction over Israeli nationals, in circumstances where Palestine cannot exercise criminal jurisdiction over Israeli nationals (under) the Oslo Accords".

Since then, Britain has elected a new government run by the Labour Party, and Prime Minister Keir Starmer's spokesperson said the previous government had not submitted its proposal before the July 4 election.

"On the ICC submission... I can confirm the government will not be pursuing (the proposal) in line with our long-standing position that this is a matter for the court to decide on," the spokesperson told reporters.

The move makes it more likely that the ICC will now grant Khan’s request, in what would be a stunning international rebuke for Israel over the way it has conducted the war in Gaza and put Netanyahu at risk of arrest if he travels abroad.

It also reverses months of British policy after the previous government was steadfast in its support of Israel and its desire to stick closely to the US position.

Ministers are expected to announce further changes within days, including the results of a review of Israel’s compliance with international law. The foreign secretary, David Lammy, has also signalled that he is considering banning some arms sales to Israel.

Pro-Palestinian organisations have welcomed the UK’s shift in position, while their pro-Israeli counterparts have voiced concerns.

Zaki Sarraf, the legal officer of the International Centre for Justice for Palestinians, said: “Respecting the jurisdiction and independence of the ICC is the least the Labour government can do to demonstrate a genuine commitment to justice and accountability.”

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