7+ hours after Netanyahu arrest warrant issued, still no acceptance from Starmer and Lammy

Deafening silence on whether they will action ICC warrant for the genocide they supported and enabled. A look at international law suggests why…

At the time of writing, more than seven hours after the International Criminal Court (ICC) issued arrest warrants for Israeli war criminals Benjamin Netanyahu and Yoav Gallant, UK PM Keir Starmer and Foreign Secretary David Lammy have still not commented publicly on the warrants, let alone confirmed they will fulfil their obligations under international law and arrest him if there is an opportunity.

A spokesperson issued a meaningless statement that the government ‘respects the independence of the court’, but refused to say this meant that arrests would be carried out.

A look at international law shows why the pair are squirming, particularly Article 25 of the Rome Statute, which governs individual responsibility (emphases added):

Article 25
Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or
through another person, regardless of whether that other person is criminally
responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs
or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or
otherwise assists in its commission or its attempted commission, including
providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission
of such a crime by a group of persons acting with a common purpose. Such
contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal
purpose of the group, where such activity or purpose involves the
commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the
crime;

(e) In respect of the crime of genocide, directly and publicly incites others to
commit genocide;

(f) Attempts to commit such a crime by taking action that commences its
execution by means of a substantial step, but the crime does not occur because
of circumstances independent of the person’s intentions. However, a person
who abandons the effort to commit the crime or otherwise prevents the
completion of the crime shall not be liable for punishment under this Statute
for the attempt to commit that crime if that person completely and voluntarily
gave up the criminal purpose. 3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect
the responsibility of States under international law.

In other words, Article 25 means that those who aid and abet war crimes, particularly genocide, are just as personally and criminally liable as those who commit it.

Keir Starmer has repeatedly given his personal and official support to Israel’s actions, including publicly confirming his belief in Israel’s ‘right’ to impose starvation and a total blockade on the Palestinian people in Gaza. He has personally and repeatedly refused to say that Israel is committing genocide, or even to condemn its actions. He has authorised or otherwise allowed the British military and UK arms manufacturers to assist and supply the Israeli military’s actions in Gaza.

Lammy, for his part, has refused to say Israel is committing genocide or other war crimes, despite being forced to suspend a fraction of UK arms export licences to Israel because they might be used to commit war crimes – a ban the UK has circumvented to continue shipping the parts in question. And when challenged about the UK’s participation in Israel’s actions, he said he is ‘very comfortable with the support’ he and his boss are ‘giving to Israel’:

And when other nations such as Yemen and Iran have tried to uphold their legal obligation to intervene in genocide, Starmer ordered attacks on Yemen and Lammy refused to say that Iran has a right to defend itself.

Starmer’s complicity and evasiveness led to numerous comments that he is destined to end up on trial for the same war crimes he has helped Netanyahu and Gallant commit:

Those pointing out his guilt and the uncomfortable significance (for him) of the ICC warrants included Jewish Green party deputy leader Zach Polanski:

If Starmer and Lammy ever say that they will arrest Netanyahu if he strays into UK jurisdiction, it is likely only to be their fear of being arrested themselves that will drive it. A more pertinent question for the British people is how will their arrest be arranged if and when the ICC issues those warrants.

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