Elham Asaad Buaras
The UK has expressed support for the International Criminal Court (ICC) following its November 21 arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military leader Mohammed Deif, who is believed to have died in a July airstrike in southern Gaza. The men face charges of war crimes and crimes against humanity.
However, the UK’s position has sparked significant diplomatic fallout with its biggest ally the US, where lawmakers have warned of potential sanctions against countries that assist in executing the warrants. Israeli officials have accused the court of political bias. Netanyahu called the warrants “anti-Semitic” and a “dark day for justice,” claiming that the ICC had sided with “terror and evil” rather than with democracy.
Prime Minister Sir Keir Starmer’s official spokesman reaffirmed the ICC’s authority, calling it “the primary international institution for investigating and prosecuting the most serious crimes of international concern.” However, the spokesperson also reiterated the government’s stance on Israel’s right to self-defence, noting, “This government has been clear that Israel has a right to defend itself in accordance with international law.” He went on to state, “There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organisations.” Asked if Netanyahu would be arrested if he entered the UK, the spokesman avoided speculation, saying, “We are not going to get into hypotheticals.” He did, however, stress that the UK would comply with its legal obligations under both domestic and international law: “The UK will always comply with its legal obligations as set out by domestic law and indeed international law.”
As a signatory to the Rome Statute, the UK is obligated to arrest individuals subject to ICC warrants on British soil. The 2001 ICC Act solidified the UK’s commitment to the Court. In July, the newly elected Labour government confirmed it had withdrawn the previous government’s objection to the ICC’s request for arrest warrants for Netanyahu and Gallant. Starmer has faced growing domestic pressure over his handling of the Gaza conflict. The Scottish National Party (SNP) called for an apology for his past support of Israeli actions and a halt to UK arms sales to Israel. SNP leaders accused Israel of war crimes, citing the deaths of over 40,000 Palestinians and deliberate attacks on civilians. Independent MP Ayoub Khan supported this, urging the UK to end intelligence-sharing with Israel and stating that the ICC warrants made it impossible to deny genocide accusations.
In contrast, Shadow Foreign Secretary Dame Priti Patel called the arrest warrants “concerning and provocative.” Patel accused the Court of drawing a false equivalence between Israel and Hamas and argued that Israel’s non-signatory status to the Rome Statute further complicates jurisdiction.
While the ICC’s decision has made Netanyahu an internationally wanted figure, its immediate impact is expected to be limited, as neither Israel nor the US—its main ally and arms supplier—are ICC members.
The Trump administration has issued a strong warning to the Court, signalling a confrontational stance. Leading Republicans, including Trump’s future National Security Adviser Mike Waltz, expressed outrage, dismissing the ICC’s actions. Waltz declared, “The ICC is devoid of credibility… Israel has lawfully defended its citizens. Come January, expect a decisive response to the ICC’s and UN’s antisemitic bias.”
Although the US is not a party to the ICC, it has occasionally collaborated with the Tribunal on international war crimes investigations. However, Trump’s return to power is likely to upend this cooperation. Republican leaders have already signalled their intent to withdraw US support for ICC initiatives, including its investigations into Russian war crimes in Ukraine.
Sanctions against ICC officials are also being considered. Senator Jim Risch, the incoming chair of the US Senate Foreign Relations Committee, has championed legislation aimed at penalising the court in retaliation. The bill has become a flashpoint of partisan strife on the Senate Foreign Relations Committee, stalling progress amid heated debates. “This legislation will be a priority in the next Congress if Biden or Schumer fail to act sooner,” said a Republican Senate aide, speaking on condition of anonymity to discuss internal deliberations.
To refine the passage with a more political and technical tone, it’s important to adopt precise language, formal phrasing, and a structured approach that reflects diplomatic and legislative nuances.
European allies of the US, already anticipating intensified diplomatic strains under the Trump administration, now face a complex geopolitical dilemma. The European Union’s High Representative for Foreign Affairs, Josep Borrell, reaffirmed the bloc’s commitment to international law, reminding the 27 member states of their legal obligation to comply with ICC decisions. “All States that have ratified the ICC statutes are bound to execute the Court’s decisions,” he said. Borrell also highlighted the alignment of these obligations with EU enlargement policy, noting, “It would be very funny that the newcomers have an obligation that current members don’t fulfil,” he told Reuters.
Conversely, senior Republican lawmakers in the US have issued explicit warnings of potential punitive measures against allied states that act to enforce ICC warrants. Senator Lindsey Graham of South Carolina articulated this position unequivocally: “If you are going to help the ICC as a nation and force the arrest warrant against Bibi [Netanyahu] and Gallant, the former defence minister, I will put sanctions on you as a nation.” He added that he is collaborating with Senator Tom Cotton on drafting legislation to impose sanctions on any nation that supports the ICC in detaining Israeli politicians. Graham characterised the ICC’s actions as undermining Israel’s efforts to avert existential threats, stating, “What they’re doing in Israel is trying to prevent a second Holocaust. So, to any ally—Canada, Britain, Germany, France—if you attempt to assist the ICC, we will sanction you.”
With 123 out of 193 UN member states being states parties to the Rome Statute, 64% of the global community is legally bound to cooperate with the ICC, including enforcing arrest warrants.
The ICC’s involvement has ignited mixed reactions worldwide. While some EU states like France, Belgium, and Ireland publicly support the Court’s independent role in prosecuting international crimes, The Netherlands, where the ICC is based, was one of the first to confirm it would arrest Netanyahu if he enters Dutch territory. Italian Defence Minister Guido Crosetto acknowledged the arrest warrants, stating Italy would be obliged to enforce them. Ireland’s PM, Simon Harris, also confirmed Netanyahu would be detained if he arrived.
Meanwhile, Germany and the Czech Republic criticised the decision, arguing it unfairly equates Israel’s actions with those of Hamas. Hungarian PM Viktor Orbán condemned the ICC’s ruling and pledged to defy the arrest order, inviting Netanyahu for a state visit.
While Netanyahu and Gallant are the primary figures implicated, accountability extends to military officers and soldiers who have posted self-incriminating content on social media regarding actions against Palestinians. These individuals could face legal action under universal jurisdiction laws in other countries.
A global coalition of volunteers, including Israeli citizens, is actively documenting and opposing war crimes. This group has compiled a secure database with detailed information about implicated individuals, such as personal IDs, passport details, and travel plans, with the aim of facilitating their arrest if they cross international borders. This approach has already yielded results: in Belgium, an Israeli-Belgian dual citizen linked to the Gaza conflict faced a formal investigation. In Nicosia, a similar case targeted an Israeli Cypriot national.
Most recently, an Israeli reserve officer narrowly avoided arrest in Cyprus after posting inflammatory content online, including a photo captioned, “We will burn Gaza to the ground.” A Belgian organisation tracked him down and requested his arrest, but Mossad intervened, arranging his swift deportation before authorities could act.
Photo: UK Foreign Secretary David Lammy meets with Israel’s Prime Minister Netanyahu, who is now wanted by the ICC for War Crimes and Crimes Against Humanity (Credit: Ben Dance/FCDO)
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