International Criminal Court prosecutor applies for arrests warrants over Israel-Gaza war – Carmichael responds

20 May 2024

Orkney and Shetland MP, Alistair Carmichael, has today called on the UK government to “render any assistance necessary” should the International Criminal Court approve arrest warrants relating to war crimes and crimes against humanity in the Israel-Gaza conflict.

The chief prosecutor of the International Criminal Court is seeking arrest warrants for Hamas's leader in Gaza, Yahya Sinwar Hamas leaders Ismail Haniyeh, Mohammed al-Masri, as well as for Israeli Prime Minister Benjamin Netanyahu and Israeli defence minister Yoav Gallant. Khan says he has “reasonable grounds to believe” the men bear responsibility for war crimes and crimes against humanity. A panel of pre-trial judges will now determine whether the evidence supports the issuing of arrest warrants.

Speaking in the House, Mr Carmichael said:

“Whatever opinion the minister has on the subject of jurisdiction, the arbiters of that as a point of law will be the judges of the International Criminal Court. So, in the event that any or all of the warrants being sought by the chief prosecutor as announced today are to be granted, can the minister confirm that the UK government will render any assistance necessary for their execution? Is that not what a government that respects the rule of law would do?”

Responding for the government, the Deputy Foreign Secretary Andrew Mitchell MP said:

“Of course, what I can confirm is that the government will always act in accordance with the law.”

Reacting after the exchange, Mr Carmichael said:

“If international law means anything then it must apply to our friends just as much as our foes. If the warrants applied for today by the ICC are granted – whether those applying to the leaders of Hamas for their brutal terrorist attacks, or those applying to Benjamin Netanyahu for the actions of the Israeli military – then the government must live up to its role. We must give the ICC our full support to deliver justice.

“The suspension of arms sales to Israel and greater action to allow aid into Gaza have got to be part of the discussion going forward. Regardless of the events in the courts there is far more we must do to drive efforts towards peace, with an immediate bilateral ceasefire and the release of the hostages.”

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