Britain’s newly-elected Prime Minister Keir Starmer’s government will not challenge the International Criminal Court’s request for an arrest warrant against Israeli Prime Minister Benjamin Netanyahu, his office said Friday.
The announcement is a reversal of plans announced by former Prime Minister Rishi Sunak, who was ousted earlier this month when Starmer’s Labour Party swept Conservatives from office in a landslide.
“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,” a Starmer spokesperson said.
The court’s prosecutor, Karim Khan, accused Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders – Yehya Sinwar, Mohammed Deif and Ismail Haniyeh – of war crimes and crimes against humanity in the Gaza Strip and Israel.
Khan sought warrants for Netanyahu and Gallant in May over Israel’s war in Gaza in a symbolic blow that deepened Israel’s isolation over the war in Gaza.
Israel is not a member of the court. Even if warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it harder for them to travel.
The ICC had set a deadline for Friday for the government to file a challenge.
Starmer’s decision puts the U.K. at odds with America, though his office on Friday described the decision as based on a strong belief in the separation of powers and the rule of law domestically and internationally.
However, the issue is a tricky one for Starmer and his party.
Starmer, a former human rights lawyer, has been under pressure from his party to take a tougher stand on Israel’s attacks on Gaza, particularly as the number of civilians killed and injured in Israel’s attacks climbs. London has also been the scene of huge protests decrying Israel’s massacres and war crimes in Gaza.
Labour lost support and seats they had been expected to win after Starmer initially refused to call for a cease-fire shortly after Israel retaliated for the Oct. 7 attack by Hamas.
Nomi Bar-Yaacov, an associate fellow at London’s Chatham House think tank, said that Starmer’s position on Israel has been evolving away from that of its close ally, the United States, as the scale of death and destruction in Gaza pressed on.
“With no end in sight, I think he’s changed his stance,” she said “I think he’s wary that the UK might be accused of complicity.″
Starmer restored funding for the United Nations’ Palestine relief agency UNRWA, which had been suspended by Sunak’s government in January. He has also said the Palestinian state has an “undeniable right” to be recognized as part of a peace process.
Sacha Deshmukh, Amnesty International U.K.’s chief executive applauded Starmer’s decision not to challenge the action at the Hague court.
“This was a totally misguided intervention by the last government,” Deshmukh said. “Instead of trying to thwart the ICC’s much-needed Palestine investigation, the U.K. should be backing efforts to bring all perpetrators of war crimes and possible genocide to justice.”
More than 39,000 Palestinians have been killed in Israeli attacks, and thousands injured amid mass destruction and severe shortages of basic humanitarian and medical necessities.
Israel has also imposed a crippling siege on the seaside enclave, leaving most of its population, particularly residents of northern Gaza, on the verge of starvation.
More than nine months into the Israeli war, vast swathes of Gaza lay in ruins, pushing 85% of the enclave’s population into internal displacement amid a crippling blockade of food, clean water and medicine, according to the U.N.
