Israel-Gaza Conflict: Arrest Warrants

Debate between Baroness Chapman of Darlington and Lord Verdirame

Tuesday 26th November 2024 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

My noble friend is correct in that the warrants are for war crimes of starvation, intentional attacks on civilians and other inhumane acts. I point out to noble Lords that the indictment is not a finding of guilt. It is the start of a process. There would theoretically be a court process that would investigate all the alleged crimes.

[Lord Verdirame (Non-Afl)]

My Lords, the first principle of the rule of law, according to Lord Bingham, is that rules must be “intelligible, clear and predictable”. I echo the question asked by the noble Baroness, Lady Ludford, from the angle of international law: the Government say they are committed to the international rule of law, which means being committed to the conduct of foreign relations under clear and predictable rules, yet say they do not know whether those rules, including customary international law rules on immunity, would mandate or preclude the arrest of Prime Minister Netanyahu.

[Baroness Chapman of Darlington (Lab)]

That is right. The issue is that this has never happened. We have never had a serving Head of State subject to an ICC warrant visit the UK. We have had situations under European arrest warrants and the situation with Pinochet, but we have never had this. We need to see the warrant; it needs to be seen by the court, which needs to make a determination at that point.