David Lammy has reiterated that Labour would seek to implement an arrest warrant against Benjamin Netanyahu if one was issued by the international criminal court. Speaking to CNN, the shadow foreign secretary said a Labour government would comply if an order was issued for the arrest of the Israeli prime minister, adding that he expected the response to be the same all over Europe.
Lammy has made the same commitment previously, but his remarks to the US TV channel’s Fareed Zakaria came at a time when the ICC is drawing closer to making a decision on the issue of warrants. Labour has faced criticism from Israeli groups for making the commitment, which was previously made before the UK prime minister, Rishi Sunak, called a general election. Explaining his rationale, Lammy said: “The architecture that was created after the second world war, the rules-based order that we believe so much in, the international legal structure – one of the big architects of that was Churchill in our country. “It’s something that has been a guiding light for the United Kingdom over many years, and that’s why we are signatories to the statute of Rome. We believe in the ICC and the ICJ. Now I’ve seen what the chief prosecutor has said about his desire for warrants. “There is a process, a court process, that will determine whether they will be granted. But we have been very clear that in the Labour party we believe in the rules-based order. We believe in international law. We also believe in the separation of powers.” Lammy added: “It is not for me, as a politician, to start quizzing or debating the determinations that are made by senior judges, whether domestically or internationally.” Pressed by Zakaria on whether Labour would comply, he said: “Here in the UK we will comply, and that will be the same across Europe. I know that the United States is not a signatory to the statute. So there will be a different debate in the United States about these issues. I recognise that.”
The ICC prosecutor, Karim Khan, announced on 20 May that he was seeking applications for arrest from the pre-trial chamber. Under the procedure, the court’s judges decide whether they believe the evidence compiled is sufficient to issue arrest warrants – something that could take weeks or months.
Joe Biden, the US president, described the ICC move as “outrageous”. Warrants were also sought for the arrest of Hamas’s leader in Gaza, Yahya Sinwar; the Israeli defence minister, Yoav Gallant; Hamas’s political leader, Ismail Haniyeh; and the group’s military chief, Mohammed Deif. Netanyahu has been accused by Khan of the starvation of civilians, attacks directed at civilians, and wilful killing and causing great suffering. Warrants may remain sealed until the time of arrest. This means that the suspects effectively are no longer able to travel to the 124 countries who are parties to the ICC’s statute and are therefore obliged to arrest them and turn them over to the court. The ICC itself pointed out on social media on Sunday that the court could seek either a summons to appear, in which someone submits themselves to the court voluntarily, or a warrant for arrest that was enforced by national authorities. Lammy also said the UK would not reopen the issue of membership of the EU, and the EU itself would not be interested unless there was a settled opinion to rejoin in the UK. He said such a settled opinion did not exist “because the Conservative party, the Reform party, a significant part of the electorate, has set its face against it. So this is not a debate that can be reopened, unless there were to be a groundswell of a change of view, and whilst I may have views, the truth is that the Conservative party is not in that position at this stage.” Lammy also sounded optimistic about the impact of the re-election of Donald Trump on the war against Russia in Ukraine. He said: “Donald Trump actually upped American troops, to Nato and their presence in Europe. He sent the first Javelins, to Ukraine, actually, because he likes a deal, and he likes to get things done. “He’s not going to want to see the United States, or its partners, lose any battles ahead. That is the truth of it.”