The UK would respect the process set out under domestic legislation when it comes to the International Criminal Court’s arrest warrant for Benjamin Netanyahu, Downing Street said, after France suggested it might not enforce it.
The French Foreign Ministry said the Israeli prime minister benefits from immunity because Israel is not a member of the court.
Sir Keir Starmer’s official spokesman said: “When it comes to the ICC judgment, as we’ve said previously, we’re not going to comment on specific cases, but we have a domestic legal process in the UK that follows the ICC Act of 2001 that includes various considerations as part of that process, including immunities.
We respect the process that is set out under our domestic legislation
“And that’s exactly why… we aren’t going to pre-empt the domestic legal process, which… has not been used in the UK before, as an ICC indictee has never travelled to the UK.”
He added: “We respect the process that is set out under our domestic legislation.”
He said it would be “wrong” to get ahead of the process, which has not been used before.
“This process has not been used in the UK before, because the UK has not been visited by an ICC indictee and if it was, if there was such a visit, then there would be a court process and due process would be followed in relation to those issues.”
The French Prime Minister, Michel Barnier, told parliament this week that France would “rigorously” respect its obligations under international law, a position echoed again by France’s foreign minister in a broadcast interview.
But in a subsequent written statement, the French Foreign Ministry argued that Mr Netanyahu and others affected benefit from immunity because Israel is not a member of the court.
It said this would be “taken into consideration if the ICC was to ask us for their arrest and handing over”.
The International Criminal Court issued warrants last week for Mr Netanyahu, his former defence minister and Hamas’ military chief, accusing them of crimes against humanity in connection with the 13-month war in Gaza.
Speaking at the Commons Foreign Affairs Committee later on Wednesday, Foreign Secretary David Lammy said he would continue to engage with Mr Netanyahu despite the arrest warrants.
He told MPs on the cross-party committee it would be “hugely problematic” not to engage with Mr Netanyahu on the situation in the Middle East, adding: “I can’t see circumstances under which I would not be speaking to the elected representatives of the Israeli government.”
But Mr Lammy also warned Israel to “keep in mind its obligations under international law” as he urged the country not to implement laws withdrawing support from UN aid agency UNRWA or attempt to annex the West Bank.
