UK courts would assess whether Prime Minister Benjamin Netanyahu is immune from arrest under international law if he visits the UK, a Downing Street spokesperson confirmed Wednesday.
The process would involve determining whether to enforce the ICC arrest warrant for Netanyahu, former defense minister Yoav Gallant and a Hamas leader, with immunity among the legal issues to be reviewed.
When asked if private discussions between the UK and Israel had taken place on the matter, a spokesperson for Labour leader Keir Starmer declined to comment. No. 10 also faced pressure to clarify its stance after France acknowledged Netanyahu’s immunity as a sitting head of government, noting that Israel is not a member of the ICC.
While the UK has stated it supports the ICC, officials have not explicitly confirmed whether they would arrest Netanyahu.
The Downing Street spokesperson said that the domestic legal process would assess "various issues, including immunity,” adding that the government would not preempt this process.
Asked if the UK was becoming isolated over its ICC position, with Germany also confirming it would not arrest Netanyahu, the spokesperson said it was up to other countries to enforce their own domestic legal processes.
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He added:” Our stance in relation to Israel is very clear. Israel is a partner on a range of issues, including trade and investment and security.”
During Wednesday’s Prime Minister’s Questions in the House of Commons, SNP MP Brendan O’Hara called for the UK to halt arms sales to Israel following the ICC warrants.
Starmer responded that he has set out his position under the current law “in relation to the sale of capability to Israel to defend itself against attacks such as those from Iran."
“I’m very clear that we’ll continue to do so,” he added.