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The Telegraph
The Telegraph
25 Nov 2024
Charles Hymas


Arresting Netanyahu in UK would be unlawful, shadow attorney general and lawyers warn

Arresting Benjamin Netanyahu would be unlawful, the shadow attorney general and two of Britain’s leading lawyers have warned.

Lord Wolfson KC, the shadow attorney general, has written to Lord Hermer KC, his Government counterpart, saying the UK would be in breach of international law if the Government sought to enact the International Criminal Court’s (ICC) arrest warrant for the Israeli prime minister if he came to the UK.

His view that UK laws give Mr Netanyahu immunity from being arrested was backed by Prof Richard Ekins, a professor of law and constitutional government at Oxford University, and Lord Verdirame KC, a specialist in public international law.

Their verdicts will pile pressure on Sir Keir Starmer, whose official spokesman last week refused to rule out that Mr Netanyahu would be arrested if he was to come to the UK.

Instead, Downing Street said it respected the “independence” of the ICC. Britain, along with the other 123 members of the ICC, is responsible for enforcing arrest warrants it issues.

The court also issued an arrest warrant for Yoav Gallant, the former Israeli defence minister, and Mohammed Deif, the Hamas commander. Israel has said Deif was killed in an air strike earlier this year, but Hamas has not confirmed this.