A Tory foreign minister has slammed the International Criminal Court’s (ICC) decision to seek arrest warrants for Israeli and Hamas leaders as a “repugnant” moral equivalence.
UK deputy foreign secretary Andrew Mitchell said the court’s request “smacked of an unworthy and ludicrous” comparison between Israel and Hamas – and it would not help end the war.
The ICC sought arrest warrants for Israeli prime minister Benjamin Netanyahu, defence minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh, for allegations of war crimes on Monday.
Mr Mitchell said: “This smacks of an unworthy and ludicrous sense of moral equivalence between a murderous proscribed terrorist organisation and the democratically elected government of Israel seeking to protect its citizens.
“We do not believe the ICC prosecutor seeking warrants will help with a ceasefire. As we have said from the outset, we do not think the ICC has jurisdiction in this case.”
In response, Labour questioned if the government valued the rule of law and said the independence of the court should be respected.
Shadow foreign secretary David Lammy said: “Labour has been clear throughout this conflict that international law must be upheld, that the independence of international courts must be respected and that all sides must be accountable for their actions.
“Labour supports the International Criminal Court as a cornerstone of the international legal system that supports allies regardless of its focus, whether in Ukraine, Syria or Sudan. Does the Tory party believe in the international rule of law or not?”
Mr Mitchell went on to claim the court, based in the Hague, did not have jurisdiction in either Israel or Palestine due to the Jewish state not being treaty to the Rome Statute, and Palestine not being recognised as a state.
He also reiterated hardline Israeli minister Benny Gantz’s claim that the court showed “moral blindness” by placing Israel in the same line as “blood-thirsty terrorists” – referring to Hamas.
Israeli leaders Mr Netanyahu and Mr Gallant are wanted for their alleged role in the starvation of civilians as a method of warfare, wilfully causing great suffering and wilful killing or murder as a war crime, among other things.
Hamas leaders Yehia Sinwar, Mohammed Deif and Ismail Haniyeh are also accused of bearing responsibility for crimes including extermination and murder, the taking of hostages, torture, rape and other acts of sexual violence.
Israel’s staunchest ally, the US, also expressed its shock at the application over Israel’s leader, with president Joe Biden calling it “outrageous”.
He said: “And let me be clear: whatever this prosecutor might imply, there is no equivalence – none – between Israel and Hamas.”
Israel is not a member of the court, and even if the arrest warrants are issued, Mr Netanyahu and Mr Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
Israel launched its war in response to the 7 October terror attack by Hamas that killed around 1,200 people, mostly civilians, and took 250 others hostage.
The Israeli offensive has killed more than 35,000 Palestinians, at least half of them women and children, according to the latest estimates by Gaza health officials.
