Middle East Minister Hamish Falconer has appeared to row back from confirming the UK government will uphold an arrest warrant issued by the International Criminal Court for Benjamin Netanyahu.
Responding to an Urgent Question on the Labour government’s position put to him by shadow foreign secretary Priti Patel, Falconer told MPs:”I’d like to just be clear that what I’ve said this afternoon is not that the government will uphold arrest warrants.
“What I have been clear about this afternoon is that due process will be followed.
“These are questions for independent courts in the UK and independent courts that would review arrest warrants. If that situation were to arise.”
Priti Patel speaks at CFI reception
His remarks provoked criticism from some MPs on the Labour and SNP benches in particular, who demanded that the minister confirmed Netanyahu would face arrest if he stepped on UK soil.
Falconer repeatedly said the government was committed to the rule law and respecting the independence of the ICC.
But he pointedly ruled out announcing a ban of the sale of F 35 fighter jets to Israel, for which the UK supplies parts, and also ruled out further arms sale sanctions.
But Falconer defended the announcement of the susepension of 30 UK export arms licences announced by the government earlier this year.
He told the Commons earlier controversial arms sale suspensions announced by the government involved a catergory of arms “that posed a risk to be involved in a risk of breaches of international humanitarean law in Gaza.”
He added:”These weapons we also believe would be weapons used in the West Bank.”
Falconer added”The suspension of weapons has been done carefully aimed at potential breaches of international humanitaerean law. It has been reached judiciously.”
For the Conservatives Priti Patel attacked the government over its response to last Thursday’s decsion by the ICC.
The court had also issued a warrant for along with Israel’s former defence minister Yoav Gallant and Hamas military commander Mohammed Deif, who Israel says was killed in July, over alleged war crimes in relation to the 7 October 2023 attacks against Israel.
Patel said since the ICC announcement, the government’s response had been “confused” and with “no clarity.”
The Tory shadow minister added:”The International Criminal court’s decision to issue arrest warrants for the State of Israel Prime Minister Benjamin Netanyahu and its former defense minister Yoram Gallant will do nothing to help secure the release of those poor hostages who have been held captive by Hamas for over a year.
“Nor will it help to get more aid into Gaza, and it will not deliver a sustainable end to this awful conflict.
“And in charging Israeli leaders alongside Hamas, the ICC appears to be drawing a moral equivalence between Israel’s war of self defense and Hamas terrorism.
“We utterly reject any moral equivalence. The only beneficiaries of this decision are Hamas and their terrorist sponsors, Iran, who are now celebrating this propaganda coup as a great victory for Hamas and Hezbollah. ”
Earlier in Monday’s session, Falconer stressed the Keir Starmer led government’s commitment to “the rule of law.”
He also told MPs:”We respect the independence of the ICC. We will comply with our international obligations.
“There is a domestic legal process through our independent courts that determines whether or not to endorse an arrest warrant by the ICC, in accordance with the ICC act 2001 of this process has never been tested because the UK has never been visited by an ICC and it if there were to be such a visit to the UK, there would be a court process and due process would be followed in relation to those issues.
“There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese as follow two terrorist organizations.
“This government has been clear that Israel has a right to defend itself in accordance with international law.
“That right is not under question,, and the court’s approval of the warrants last week do not change that Israel is, of course, a priority as a partner across UK priorities including trade, investment, security and science and technology. We do cooperate across a wide range of issues for our mutual benefit.”
The minister ackowledged the horrifiv situation facing the hostages in Gaza, including the British-Israeli citizen Emily Damari, 28.
