Would Benjamin Netanyahu be arrested if he came to the UK?
Warrants have been issued for Israeli PM Benjamin Netanyahu and his former defence chief Yoav Gallant.
Keir Starmer is facing calls from opposition MPs not to uphold an arrest warrant for Israeli prime minister Benjamin Netanyahu issued by the International Criminal Court (ICC).
On Thursday the court issued the warrant for alleged war crimes and crimes against humanity in relation to Israel's ongoing attack on Gaza. Warrants were also issued for Netanyahu's former defence chief Yoav Gallant and senior Hamas leader, Mohammed Deif, who Israel claims to have already killed.
On Friday, Downing Street's official spokesman confirmed the UK would "always comply with its legal obligations", suggesting that it would be compelled to make an arrest as a signatory of the court's terms.
UK political figures appear divided on how to handle the warrant, with shadow housing secretary Kevin Hollinrake urging Starmer "not to participate in the ICC ruling". He told Sky News Sunday Morning With Trevor Phillips: “Israel is not a signatory to the Rome statute [on which the ICC is based], Palestine is not a recognised state, we think this is the wrong move diplomatically as well as legally."
He said that while Israel "absolutely needs to do more to prevent the loss of life" he said there is "no moral equivalence between Israel and Hamas", which he says the "ICC are seeming to draw". On the same programme, former Northern Ireland Secretary Steve Baker said that while he "wouldn't be sending the cops" after Netanyahu, he thought "post-war institutions" including the ICC are "coming under immense stress".
“The implications are pretty straightforward. If we believe in the court, and Netanyahu comes here he’ll have to be arrested. Now that is a major political decision, it’ll cause outrage even that I’ve said it, but what people need to do is just detach from the moment and say ‘hang on, what are these institutions for? Why were they established? What kind of future do we want to live in?’."
Read the full breakdown below or click the headlines below to skip ahead
> What crimes is the arrest warrant for?
> Would Netanyahu be arrested if he came to the UK?
> Can Netanyahu and others accused still travel?
> What is the International Criminal Court?
What crimes is the arrest warrant for?
In its statement, the ICC said the warrant related to “crimes against humanity and war crimes” committed from 8 October 2023 until at least 20 May 2024, the day the prosecution filed the applications.
Specific allegations that Netanyahu and Gallant bear criminal responsibility for tables by the ICC include:
The war crime of starvation as a method of warfare
Crimes against humanity of murder, persecution, and other inhumane acts
The war crime of intentionally directing an attack against the civilian population
The crime of restricting food, water and medical supplies to a civilian population
It also found that the alleged crimes against humanity were part of a widespread and systematic attack against the civilian population of Gaza.
Netanyahu and Gallant stand accused of impeding humanitarian aid and that their conduct led to the disruption of the ability of humanitarian organisations to provide food and other essential goods to the population in need in Gaza.
They did not go as far as accusing Netanyahu and Gallant of genocide saying based on the evidence they had seen "the Chamber could not determine that all elements of the crime against humanity of extermination were met".
Would Benjamin Netanyahu be arrested if he came to the UK?
As a member of the ICC the UK is legally obliged to arrest people wanted by the court if they enter British territory.
However, someone indicted by the ICC has never entered the UK before, so it remains an untested process.
And with the UK's commitment to supporting Israel's war against Hamas, the political complications of arresting an allied head of state could be immense.
Starmer, as a former senior prosecutor, would be under enormous pressure from the Palestinian supporting wing of his party to issue the arrest but the move would likely infuriate the US and potentially cause damage to UK-Israeli relations.
On Thursday, Downing Street was less direct when asked if Netanyahu would be arrested saying it would not "get into hypotheticals".
It added that there was a “domestic legal process through our independent courts that determines whether or not to endorse the warrant in accordance with the UK’s ICC Act 2001”.
But Emily Thornberry, Labour MP and chair of the Foreign Affairs Select Committee, was far clearer in what the UK's approach would have to be, telling the BBC on Thursday afternoon:
"We're signatories to the Rome agreement and it's pretty clear what our obligations would be. We support the ICC and ... as signatories, we ought to be arresting him.
"It's kind of clear. We have obligations.... if someone with a warrant outstanding from the ICC comes into your jurisdiction then you have to arrest them."
By Friday, Downing Street's statement was more conclusive, confirming it would "always comply with its legal obligations as set out by domestic law and indeed international law".
Who is Yoav Gallant?
Gallant is the former defence minister of Israel and was instrumental in the direction of the war – until Netanyahu sacked him on 7 November.
He served in the Israeli military until he entered politics working his way up to the role of defence minister as a member of Netanyahu's Likud party.
After the 7 October attacks, Gallant was one of the most forceful voices in the Israeli government calling for retaliation against Hamas and ordered a complete siege of the Gaza Strip.
When he ordered the siege he said on 9 October: "There will be no electricity, no food, no water, no fuel. Everything is closed. We are fighting human animals and we are acting accordingly."
The United Nations subsequently said it was "deeply concerned about the clear violations of international humanitarian law that we are witnessing in Gaza".
As the war progressed Gallant softened his stance on Hamas and was viewed as being more favourable to a ceasefire in order to return the hostages as Netanyahu.
It was this stance on prioritising hostages that he claimed led to the breakdown of trust between him and the PM and led to his subsequent sacking.
His sacking sparked protests in Israel and was met unhappily by the country's allies who had viewed Gallant as someone they could work with.
Can Netanyahu and others accused still travel?
Yes they can. The issuance of an ICC arrest warrant is not a formal travel ban. However, they do risk arrest if they travel to an ICC signatory state, which may influence indictees' decision-making.
There are no restrictions on political leaders, lawmakers or diplomats from meeting individuals with an ICC arrest warrant against them. Politically, however, public perceptions of this may be bad.
All 124 member states of the ICC are obliged by the court's founding statute to arrest and hand over any individual subject to an ICC arrest warrant if they set foot on their territory.
But the court has no means of enforcing such an arrest. It has no police force, so the arrest of suspects must be carried out by a member state or a cooperative state.
Netanyahu and Gallant are likely to be able to travel to the US without fear of arrest, after president Joe Biden issued a statement describing the ICC's warrant as "outrageous".
"Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas," he said. "We will always stand with Israel against threats to its security."
French foreign minister Jean-Noël Barrot did not say directly if Netanyahu would be arrested if he came to France when asked. He told BBC's Sunday with Laura Kuenssberg programme that the ICC's statement was a "formalisation of an accusation" and is "by no means a judgement".
He said France is "committed to international justice" and recognised the "catastrophic" situation in Gaza, while drawing no "equivalence" between the Israeli government and Hamas."
Argentina, Czech Republic and Hungary have all said they will not enforce the ICC's warrant, with Hungarian prime minister Viktor Orban inviting Netanyahu to visit the country.
ICC arrest warrants have been ignored in the past for political purposes and the court can do little to prevent this.
In 2015 South Africa, which is one of the parties supporting the prosecution of Netanyahu, ignored an arrest warrant for Sudan president Omar Al-Bashir when he attended a conference in the country.
Israel and the US do not recognise the ICC and has no obligation to carry out their warrants. The US national security said on Thursday: “The United States has been clear that the ICC does not have jurisdiction over this matter. In coordination with partners, including Israel, we are discussing next steps."
What is the International Criminal Court?
The International Criminal Court investigates and tries individuals accused of the worst crimes a person can commit based in the Netherlands.
It was established in 2002 under the Rome Statute with the hope of progressing international law and human rights around the globe.
Many nations signed the treaty but not all of them ratified it, and currently only 124 states recognise its jurisdiction.
Most of the world's most populous nations have refused to sign up, including the US, China, Russia, India, Indonesia and Pakistan.
The UK and the majority of Europe are members.
Israel is also not a member and this means they are not obliged to help the ICC carry out justice, most notably detaining the people it seeks to prosecute.
As an organisation the ICC does not have a police or other force to arrest people on its behalf and instead relies on member states.
The court has issued indictments against almost 70 people and has successfully sentenced nine people.
