Priti Patel

The International Criminal Court’s decision to issue arrest warrants for the state of Israel’s Prime Minister Benjamin Netanyahu and its former Defence Minister Yoav Gallant will do nothing to help secure the release of those poor hostages, who have been held captive by Hamas for more than a year. It will not help to get more aid into Gaza, and it will not deliver a sustainable end to this awful conflict. In charging Israeli leaders alongside Hamas, the ICC appears to be drawing a moral equivalence between Israel’s war of self-defence and Hamas terrorism. We utterly reject any moral equivalence. The only beneficiaries of this decision are Hamas and their terrorist sponsors, Iran, who are now celebrating this propaganda coup as a great victory for Hamas and Hezbollah. Since the ICC’s decision, we have had dither from Ministers, confused messaging and no clarity, so I am grateful to the Minister for his remarks today. The Government have indicated already that they will seek to enforce these warrants through our own courts, and there is a process around that. On the issue of warrants, we have expressed serious concerns over process, jurisdiction and the position on the complementarity principle. We believe that the warrants for Mr Netanyahu and Mr Gallant have no basis in international law. Do the Government believe that the Court has jurisdiction in this case, given that Israel is not party to the Rome statute and Palestine is not a recognised state? Does the Minister agree that the ICC must act within legal norms? In the absence of the ICC making public the specific context of the charges, does the Minister share the concerns expressed about reports of process errors in the ICC’s investigation and the concerns expressed by Lord Macdonald, the former Director of Public Prosecutions, about the use by the prosecutor of an expert panel? Finally, but crucially, what effect does the Minister believe that Mr Netanyahu’s immunity under international law as a serving Prime Minister of a country that is not a state party has on enforcing these warrants in the UK’s own courts? These are important questions on which I look forward to the Minister’s response. He has already spoken about securing the release of hostages and more aid coming into Gaza, but at this time when such a conflict is taking place, it is important that we have clarity from the Government.