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The National (Scotland)
The National (Scotland)
National
Steph Brawn

Home Secretary refuses to say if UK would arrest Benjamin Netanyahu

THE UK Home Secretary has refused to say whether she supports the International Criminal Court’s (ICC) arrest warrant for Israeli prime minister Benjamin Netanyahu.

Yvette Cooper was grilled by LBC presenter Nick Ferrari after the ICC issued arrest warrants for Netanyahu and former Israeli defence minister Yoav Gallant, as well as Hamas commander Mohammed Deif – who Israel claim was killed in July.

The arrest warrants mean that the UK Government is legally obliged to arrest Netanyahu if he sets foot on British soil. The Rome Statute from which this obligation springs was incorporated into UK domestic law with the International Criminal Court Act 2001. 

Cooper was asked whether Netanyahu would be arrested if he were to land in the UK.

She immediately responded: “So that’s not a matter for me as Home Secretary.”

Ferrari expressed shock at this answer before Cooper said there was a “proper process” for the UK Government to go through if ICC cases “do ever become a matter for the UK”.

However, she did not at any point specify what that process was.

Cooper said: “There’s a proper process, Nick, and I’ll just say something about that.

“So with the International Criminal Court cases, obviously that is independent and we respect their independence, and the vast majority never become issues for the UK legal process, law enforcement processes, or for the UK Government. 

“If cases do ever become a matter for the UK, then there is a proper legal process that has to be followed. There’s a proper Government process, including the Foreign Office process, that has to be followed, and therefore it’s not appropriate for me to comment on any individual case as Home Secretary.”

Asked to clarify her personal view on the matter, she said: “I totally understand why you are asking me that question but you I know will also understand why as Home Secretary I cannot comment on speculative legal processes because it’s important that they are properly followed.”

The processes to which Cooper refers are spelled out in the 2001 ICC Act.

The act states that if a UK "judicial officer is satisfied that the warrant appears to have been issued by the ICC, he shall endorse the warrant for execution in the United Kingdom".

The UK Government put out a statement on Thursday evening following the warrants being issued which said it respected the independence of the court, adding that Israel “has a right to defend itself in accordance with international law”.

It went on: “There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hizballah, which are terrorist organisations.

“We remain focused on pushing for an immediate ceasefire, to bring an end to the devastating violence in Gaza.

“This is essential to protect civilians, ensure the release of hostages and to increase humanitarian aid into Gaza.”

Prime Minister Keir Starmer is facing calls to apologise for “condoning” Israel’s actions in Gaza, which experts say amount to genocide – although an official ruling on that has not yet come from the International Court of Justice.

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