US Pressuring UK to Uphold Legal Challenge over ICC Arrest Warrants – Report

Will the ICC issue arrest warrants for Israeli officials? (Design: Palestine Chronicle)

By Palestine Chronicle Staff  

The United States “is not a member of the ICC, and expects the UK to look after its interests there.”

The US is reportedly pressuring the UK’s new Labor government not to drop a legal challenge over the International Criminal Court’s pursuit of an arrest warrant against the Israeli Prime Minister for war crimes in the Gaza Strip.

According to a report by The Guardian, the prominent human rights lawyer, Geoffrey Robertson made the claim, warning that “giving into US pressure would be ‘the first big moral mistake’ of the premiership of Sir Keir Starmer.”

Robertson stressed that the US “is not a member of the ICC, and expects the UK to look after its interests there.”

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In May, the previous government under Conservative Party leader Rishi Sunak challenged the ICC on whether it had any jurisdiction to issue the arrest warrants for top Israeli officials, including Benjamin Netanyahu.

The newly elected government has been given until July 26 by the ICC to decide whether to pursue the matter.

Legal Jurisdiction

The Guardian said the court did so “after the ICC pre-trial chamber ruled on 26 June that it would allow the UK and other interested parties to make submissions over the jurisdiction.” It said that in 2021, the ICC ruled that “it did have jurisdiction over Israeli activity in Palestine.”

The paper said that the UK’s Foreign Office argued that the Oslo Accords agreement, from 193 to 1995, “preclude Palestine from prosecuting Israelis.”

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Robertson reportedly described the legal argument as “preposterous”, saying the ICC “decided in the 2021 case that this was ‘not pertinent’ to its right to punish crimes in Gaza as Palestine was a member state, so any war crime on its territory fell within the ICC’s remit.”

He pointed out that the ICC was “not even in existence in 1995” and the idea that “a provisional clause in a moribund negotiation 30 years ago can prevent it from acting over breaches of international criminal law now is preposterous.”

‘No Accountability’

The human rights barrister also noted that the ICC’s Chief Prosecutor “has no connection with Palestinian authorities.”

“Israel’s argument, adopted (so far) by the UK, is that Palestine is precluded from prosecuting Israelis and this means it cannot ‘delegate’ such prosecutions to the ICC. This is wrong because the ICC prosecutor is in no sense a delegate of Palestine.”

Robertson went on to say “If the argument adopted by the UK is correct, there would be nothing to stop the Israel Defense Forces lining up Palestinian children and executing them point-blank. There would be no accountability for any crime against humanity they might commit.”

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The Guardian said that due to the legal challenge, a decision on the issuing of the ICC arrest warrants can only be expected in August “at the earliest.”

According to the paper, Labour officials informed The Guardian over the weekend that the party and its government had rejected the Conservatives’ legal challenge while they were in opposition. They maintained that its policy “remained unchanged in government.”

The officials reportedly refrained from mentioning whether that claim would, however, be withdrawn.

The issue was expected to be discussed at a meeting between Starmer and US President, Joe Biden, in Washington, the paper said.

(PC, MEMO)

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1 Comment

  1. It sounds like the US govt is asking the UK govt to openly Pervert the Course of Justice – in the US terms, commit Contempt of Court through open Obstruction of Justice. What a way to start its election victory!!! Talk about it – if you live in a city with a UK cosulate, ask the consul about his opinion of the US asking toe UK to Pervert the Course of Justice by Interfering with the Administration of Justice. Lay it on thick!

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