Keir Starmer’s government will not object to the International Criminal Court’s request for an arrest warrant against Israeli PM Benjamin Netanyahu as it is a matter for the courts

Labour has dropped the Tories’ plan to challenge an international arrest warrant against Israeli PM Benjamin Netanyahu.

Keir Starmer’s government will not object to the International Criminal Court’s application for a warrant as its position is that “this is a matter for the court to decide on”, a No 10 spokeswoman confirmed. Rishi Sunak had planned to question whether the ICC had the right to order the arrest of Israeli nationals.

In May ICC prosecutor Karim Khan requested arrest warrants for Israeli prime minister Mr Netanyahu and defence minister Yoav Gallant over Israel’s war in Gaza. He also requested warrants against senior Hamas leaders – political leader Ismail Haniyeh and its leader in Gaza, Yahya Sinwar. If warrants are granted, Mr Netanyahu will be at risk of arrest if he travels abroad.

The Hague-based war crimes court gave the UK until Friday to decide whether the Government would challenge the warrants, after Mr Sunak signalled plans to do so. Asked about the decision of Mr Starmer’s administration, a No10 spokeswoman said: “This was a proposal by the previous government which was not submitted before the election, and which I can confirm the Government will not be pursuing in line with our long standing position that this is a matter for the court to decide on.”

She noted that the Government believes very strongly in the separation of powers and the rule of law domestically and internationally. “I think you would note that the courts have already received a number of submissions on either side, so they are well seized of the arguments to make their independent determinations,” she said.

In May David Lammy, the now Foreign Secretary, said: “Labour ’s position is that the ICC chief prosecutor’s decision to apply for arrest warrants is an independent matter for the court and the prosecutor.”

The conflict in Gaza has been a thorn in the Labour leader’s side, with his initial refusal to call for an immediate ceasefire costing the party votes and seats in the General Election despite its landslide. Former MP Jonathan Ashworth was one of several Labour candidates defeated by independents who made Gaza a major part of their campaign.

Since entering Government, Labour has restored funding to the United Nations’ Palestine relief agency UNRWA, in a major shift from the stance of the previous government which had suspended funding in January. Mr Starmer has also stressed that a Palestinian state has an “undeniable right” to be recognised as part of a Middle East peace process.

Sacha Deshmukh, Amnesty International UK’s chief executive, said: “This was a totally misguided intervention by the last government and we strongly welcome the decision to drop it. Instead of trying to thwart the ICC’s much-needed Palestine investigation, the UK should be backing efforts to bring all perpetrators of war crimes and possible genocide to justice.”

Yesterday US Vice President Kamala Harris said she “will not be silent” over the scale human suffering in Gaza in a growing shift in attitudes towards Israel. She urged Mr Netanyahu to reach a ceasefire deal with Hamas soon so that dozens of hostages held by the militants in Gaza since October 7 could return home. She repeated that Israel has a right to defend itself, adding “how it does so matters”.

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