SINCE the International Criminal Court (ICC) issued an arrest warrant for Israeli prime minister Benjamin Netanyahu, Labour ministers have been repeating a similar refrain.
“If cases do ever become a matter for the UK, then there is a proper legal process that has to be followed,” Home Secretary Yvette Cooper said on Friday.
“There’s a proper Government process, including the Foreign Office process, that has to be followed, and therefore it’s not appropriate for me to comment on any individual case as Home Secretary.”
Cooper’s comments echo information given out by the UK Government on Thursday.
READ MORE: David Pratt: What the ICC arrest warrants mean for Israel and the UK
Issuing a statement in response to the ICC arrest warrants, the Labour administration informed journalists that there is a “domestic legal process through our independent courts that determines whether or not to endorse the warrant in accordance with the UK’s ICC Act 2001”.
The line is a convenient one for a Labour Party that does not want to jeopardise its diplomatic relations with the Israel government – even if it is led by a man wanted internationally for alleged crimes against humanity.
However, Labour’s talk of “proper process” is a smokescreen.
The process is spelled out in the 2001 ICC Act, and consists of little more than having a UK judge rubber-stamp the arrest warrants.
Section 2.1 of the act states: “Where the Secretary of State receives a request from the ICC for the arrest and surrender of a person alleged to have committed an ICC crime, or to have been convicted by the ICC, he shall transmit the request and the documents accompanying it to an appropriate judicial officer.”
And the crucial part, section 2.3, adds: “If the request is accompanied by a warrant of arrest and the appropriate judicial officer is satisfied that the warrant appears to have been issued by the ICC, he shall endorse the warrant for execution in the United Kingdom.”
UK legislation is then clear: the “proper process” to execute an ICC arrest warrant in the UK is simply to approve it as long as the “warrant appears to have been issued by the ICC”.
As an aside, section 2.2 of the act exists because of Scotland's separate legal system, and says only that the request for arrest must be passed from UK ministers to Scottish ones, before being passed to a Scottish judge.
Emily Thornberry, the Labour MP who served as Keir Starmer’s shadow attorney general before the General Election, has been clear that there is no real legal barrier to the UK Government upholding the ICC warrants.
Now the chair of Westminster’s Foreign Affairs Committee, Thornberry told Sky News: "If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC.
"[It’s] not really a question of should, we are required to because we are members of the ICC."
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel