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Netanyahu wanted for war crimes: ‘This puts the UK in the most awkward position’

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Benjamin Netanyahu.
Benjamin Netanyahu. Picture: Getty Images
Michael Baggs (with Emily, Jon and Lewis)

By Michael Baggs (with Emily, Jon and Lewis)

The International Criminal Court has issued an arrest warrant for the Israeli Prime Minister, his former defence secretary and the Hamas military commander.

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In brief…

What’s the story?

Arrest warrants have been issued by the International Criminal Court for Israel's prime minister Benjamin Netanyahu, its former defence minister Yoav Gallant, and Hamas military commander Mohammed Deif.

It comes after more than 12 months of an escalation in conflict between Israel and Hamas, following a terrorist attack on Israel, which claimed the lives of more than 1,200 people in Israel.

Israel's retaliation is estimated to have killed close to 44,000 people in Gaza.

ICC judges have said there is "reasonable grounds" for the three men to take "criminal responsibility" for alleged war crimes and crimes against humanity.

A statement from the ICC says it believes Netanyahu and Gallant may have deprived civilians in Gaza of "objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity", and doing so as a mechanism of war.

There have been widespread reports of Israel blocking aid to Gaza during the conflict. The ICC says it found reasonable grounds to believe there was "no clear military needs" for such restrictions.

Both Israel and Hamas have rejected the allegations made against their leaders.

“I think it's very important to understand that the ICC arrest warrant has not been issued in response to the actual military defence Israel has waged on Gaza, but through its denial of humanitarian assistance,” says Emily Maitlis.

Jon Sopel describes the story (and its implications) as one that will “ricochet around the world.”

“The Israeli Prime Minister is essentially being landlocked now because he can't go anywhere for fear of arrest,” he says.

What does the Benjamin Netanyahu arrest warrant mean for Israel – and the UK?

What’s the International Criminal Court?

The ICC was established in 2002, and exists to prosecute world leaders – and other individuals – for war crimes, genocide and crimes against humanity.

It is seen as a last resort court, and only intervenes in the most serious cases, and when national authorities are unable, or unwilling, to prosecute.

The Rome Statute, which was signed to establish the court, has been ratified by 124 states across the world, with another 34 having signed, and may agree to follow its laws in the future.

Israel is among the countries to have signed, but not ratified the statute.

The UK is among the many countries to abide by the ICC, while places including China, India, Israel, Russia, and the United States are not part of the court.

The International Criminal Court in The Hague, Netherlands.
The International Criminal Court in The Hague, Netherlands. Picture: Getty

What does the ICC warrant mean for the UK?

Since Hamas attacked Israel on 7 October 2023, the UK has supported Israel at every turn – politically, and with the supply of weapons.

In September 2024 the UK suspended 30 of 350 arms licences to Israel, due to concerns the country may have violated international law.

“The ICC action puts Israel's allies, especially countries like the UK, in the most awkward position,” says Lewis Goodall.

This, he adds, is because our Prime Minister is a former international human rights lawyer, who has spoken repeatedly of his “utmost respect” for international law, institutions and norms.

“The British government has previously said they did not believe the allegations against Israel, did not support the idea that these things were going on, although they did recognise there had been infringements of international human rights law,” Lewis continues.

“But what does David Lammy say now? What does Keir Starmer say? Do they support these arrest warrants? Will they continue to provide military support to Israel and to the Government of Israel, and financial support and all other types of aid?”

Critics of Israel have long said the UK should not be supplying arms while its invasion of Gaza continues due to the humanitarian concerns.

What next for Israel?

Jon Sopel describes Israel as a “quarrelsome, lively liberal democracy” – but how will its citizens react to the ICC warrants – support Netanyahu, or demand change?

“I think it'll be really interesting now to see which way Israel's political class and indeed its voters go,” says Emily.

Jon believes the people of Israel will remain “as divided as ever.”

“There is one issue that unites all Israelis, and that is getting the hostages released,” he says.

“We are over a year into this awful atrocity, this awful war, and they still haven't been released.”

Lewis believes the ICC warrant will further ingrain the sense of persecution the people of Israel already experience.

“This entire period has cemented the idea – which has long been at the centre of Israeli national psychology – that they are under siege, and now they feel under siege from the world,” he says.

“So this could augment Netanyahu’s position in the short term, but in the long term, surely it is a destabilising force, because you cannot have a Prime Minister who is wanted for war crimes, and unable to travel.”

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