Israel-Gaza Conflict: Arrest Warrants

Lord Purvis of Tweed Excerpts

Tuesday 26th November 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

My Lords, I thank the noble Lord, Lord Wolfson of Tredegar, for his point, and I have seen the letter he wrote to the Attorney-General. It raises an important point and a question of law. There are two pieces of law here, both of which the Government respect but which need to be fought out in a court. That is the right way to resolve this and that is the process that would happen should we receive a warrant and should Mr Netanyahu visit the United Kingdom.

[Lord Purvis of Tweed (LD)]

My Lords, that legislation allows only the ICC to issue a waiver on immunity, so can the Minister confirm whether such a waiver from the ICC has been provided? The Minister in the House of Commons said yesterday that it is for the courts to endorse the warrant. My understanding is that that is not correct. Under the legislation, it is the Secretary of State only who endorses the warrant and then passes it on to a judicial officer. It is then for the courts to determine whether they will deliver that person—if that person is in the UK—to the ICC in The Hague. Can the Minister confirm that the Secretary of State will endorse the ICC warrant?

[Baroness Chapman of Darlington (Lab)]

My Lords, we will comply with our obligations under our membership of the ICC. My understanding is slightly different from the noble Lord’s in that, as of now, the warrants are not issued to all signatories to the ICC. The warrant would be issued should it become known that Mr Netanyahu intended to travel to the United Kingdom. As noble Lords will appreciate, as yet we have not received any such warrant.