British Prime Minister Keir Starmer’s office announced Friday that the U.K. will not intervene in the International Criminal Court’s (ICC) request for an arrest warrant against Israel’s Prime Minister Benjamin Netanyahu.
This marks a reversal of plans by former Prime Minister Rishi Sunak, who was ousted earlier this month when Starmer’s Labour Party won a landslide victory over the Conservatives.
“This was a proposal by the previous government which was not submitted before the election, and which I can confirm the government will not be pursuing in line with our long-standing position that this is a matter for the court to decide,” a Starmer spokesperson stated.
The ICC prosecutor, Karim Khan, has accused Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders—Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh—of war crimes and crimes against humanity in the Gaza Strip and Israel.
Netanyahu and other Israeli leaders condemned the move as disgraceful and antisemitic. U.S. President Joe Biden also criticized the prosecutor and supported Israel’s right to defend itself against Hamas—along with Sunak. Khan sought warrants for Netanyahu and Gallant in May over Israel’s war in Gaza, a symbolic blow that deepened Israel’s isolation over the conflict.
Israel is not a member of the ICC, so even if warrants are issued, Netanyahu and Gallant do not face immediate risk of prosecution. However, the threat of arrest could complicate their international travel.
The ICC had set a deadline for Friday for the UK government to file a challenge. Starmer’s decision puts the U.K. at odds with America, though his office described the decision as rooted in a strong belief in the separation of powers and the rule of law both domestically and internationally.
The issue is complex for Starmer and his party. A former human rights lawyer, Starmer has faced pressure from within his party to take a tougher stance on the ongoing crisis in Gaza, especially as casualties rise. London has also witnessed massive protests against Israel’s actions and a surge in antisemitic incidents.
Labour lost support and seats they were expected to win after Starmer initially refused to call for a ceasefire following Israel’s retaliation for the Oct. 7 attack by Hamas militants. The party is still recovering from a scandal involving antisemitism allegations against former leader Jeremy Corbyn.
Nomi Bar-Yaacov, an associate fellow at London’s Chatham House think tank, noted that Starmer’s stance on Israel has been shifting away from that of the United States as the Gaza conflict intensifies.
“With no end in sight, I think he’s changed his stance,” she said. “I think he’s wary that the UK might be accused of complicity.”
Starmer restored funding for the United Nations’ Palestine relief agency UNRWA, which had been suspended by Sunak’s government in January. He has also asserted that the Palestinian state has an “undeniable right” to be recognized as part of a peace process.
Sacha Deshmukh, Amnesty International U.K.’s chief executive, praised Starmer’s decision not to challenge the ICC’s action.
“This was a totally misguided intervention by the last government,” Deshmukh said. “Instead of trying to thwart the ICC’s much-needed Palestine investigation, the U.K. should be backing efforts to bring all perpetrators of war crimes and possible genocide to justice.”