Palestine & Israel Conflict

US Accused of Pressuring UK to block ICC Arrest Warrants Against Netanyahu

The US is alleged to be pressuring the UK to resist ICC arrest warrants against Netanyahu for alleged war crimes.

Recently, the US has been blamed for exerting political pressure on the newly formed Labour government in the UK to support the case that was instituted by the former administration led by the Conservatives as far as the ICC’s prerogative to issue a warrant for the arrest of Netanyahu is concerned.

In May, the British government headed by the Conservatives’ Ministry of Foreign Office put a dispute on the ICC’s right to probe such actions committed by Israel in the Gaza Strip. This challenge arrived even after the ICC in 2021 held that it has jurisdiction over Israeli assimilation in Palestine.

The ICC has given time until July 26th to decide whether or not to proceed with the legal case to the government.    

Human rights barrister Geoffrey Robertson says the US is trying to twist the Labour government’s arm to keep the legal challenge going.  He notes that if it gives in to this pressure, the withdrawal of the legal challenge will be “the first big moral error” of Sir Keir Starmer’s leadership. Robertson said that “the US is not a signatory to the ICC and expects the UK to deal with its cases in the international court. ”

Through the leading Labour Party officials and media, the Sunday Guardian received some answers regarding the Labour Party and Conservative legal battle on behalf of the ICC jurisdiction. However, they did not elaborate on how specifically the choice of words essentially raised a specific question/issue, whether the challenge would, therefore, be appropriately withdrawn or not.

UK Foreign Secretary David Lammy is planning to meet representatives of the Caribbean region on Monday – he might experience intense questioning on Labour regarding arms export.

Following the proposal made by Israel, the Foreign Office argues that the Oslo Accords signed in 1993-1995 between Yasser Arafat and Ehud Barak, with the involvement of Norwegian mediators, do not allow Palestine to bring Israelis to trial.

Robertson dismisses this legal reasoning as ‘ludicrous’. It is essential to explain why: In 2021 while considering a request to open a ‘preliminary examination’ into possible war crimes committed in Gaza, the ICC claimed that the Oslo accords are irrelevant to its authority to prosecute the offender from Palestine because the latter is a member state. Therefore, any crime of this nature that occurs on its territory is under the docket of the ICC.

This is at a time when the court was yet to be formed; the ICC was formed in 2002. Therefore, to allow a moribund negotiation clause in a treaty 30 years ago to prevent the ICC from acting over a breach of international criminal law is utter nonsense.

He also states that the ICC prosecutor, Karim Khan KC, is not a delegate of Palestine. Khan has collected proof alone and will produce evidence before the court to get an arrest warrant, not having any ties to the Palestinian authorities.

Because of the existing litigation, the ICC’s prosecution regarding the issuance of warrants of arrest will not arise before August this year.

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