The UK courts WOULD consider whether Benjamin Netanyahu was immune from arrest if he travelled to the UK, Jewish News understands.
A Downing Street spokesperson confirmed on Wednesday that immunity for the Israeli Prime Minister would be among the issues considered by our domestic courts as it decided on whether to enforce the ICC’s arrest warrant for Netanyahu, his former defence chief, and a Hamas leader.
Keir Starmer’s spokesperson also pointedly refused to comment on whether private conversations had taken place between the UK and Israel to offer clarity on our position in regards to the International Criminal Court.
No.10 faced increased pressure to clarify its stance over any Netanyahu arrest after France concerned Netanyahu is covered by immunity as a sitting head of government, because Israel is not a state member of the ICC.
Like France, the UK was among states that announced they would uphold the court’s decision, although officials have not explicitly said they would arrest Netanyahu.
Asked whether the UK would follow the French with confirmation that Netanyahu was immune from arrest, Keir Starmer’s spokesperson said he could not comment on specific cases.
But he added the domestic legal process in the UK would assess “various issues including immunity” as part of a legal process that would be used for the first time here to decide whether to enforce an arrest of the Israeli PM.
“We would not want to preempt the domestic legal process in the UK, added the Downing Street spokesperson. “It will consider a number of considerations, including as I say the issue around immunity
“There is a domestic legal process that would need to be followed. ”
Asked if the UK was becoming isolated over its ICC position, with Germany also confiming it would not arrest Netanyahu, the spokesperson said it was up to other countries to enforce their own domestic legal processes.
He added:”Our stance in realtion to Israel is very clear. Israel is a partner on a range of issues including trade and investment and security.”
In Wednesday’s PMQs session in the Commons, Starmer rebuffed calls from an SNP politician for the UK to stop supplying weapons to Israel as a result of the ICC arrest warrant decsion.
Brendan O’Hara said supplying weapons is now “completely untenable” in light of the ICC issuing arrest warrants for Netanyahu and former defence minister Yoav Gallant.
Starmer responded that he has set out his position under the current law “in relation to the sale of capability to Israel to defend itself against attacks such as those from Iran”.
“I’m very clear that we’ll continue to do so,” he added.
