Dear Mr. Lammy,
Congratulations on your appointment as Foreign Secretary of the United Kingdom. As Foreign Secretary you have a significant early opportunity to live up to your and Labour’s promise to champion the international rule of law and support the work of globally respected institutions like the International Criminal Court (ICC). This requires the incoming government to immediately withdraw the former UK government’s request to submit written observations to the ICC’s Pre-Trial Chamber I (which was granted with an extended deadline of July 26, 2024), challenging the court’s jurisdiction over Israeli nationals in respect of the prosecutor’s request for arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
We welcomed your strong statements in support of the ICC prosecutor’s May 20, 2024, request for arrest warrants as part of his Palestine investigation and your pledge that Labour would implement any arrest warrants issued by the court’s judges, based on Labour’s belief in the international rules-based order and separation of powers.
Previous UK governments have taken a selective approach to the application of international law, exhibiting double standards on accountability and justice, including with respect to situations across the ICC’s docket. This has further damaged the UK’s credibility as principled defender of international law and undermined its influence with partners around the world.
The previous government led efforts to refer the situation in Ukraine to the ICC in 2022 and welcomed the issuance of an arrest warrant for Russian President Vladimir Putin. This stands in stark contrast to the challenges the previous government has made to the ICC’s jurisdiction over crimes allegedly committed by Israeli nationals.
The former UK government sought to argue before the ICC’s Pre-Trial Chamber I that the court cannot exercise criminal jurisdiction over Israeli nationals because of provisions in the Oslo Accords. The ICC’s mandate over the commission on the territory of a state party of one or more of the crimes under the jurisdiction of the court is not circumvented by the Oslo Accords. Furthermore, as a matter of policy, the UK government should always favor an interpretation that promotes accountability for everyone without discrimination.
As you have said, the UK played a vital role in the creation of the ICC, and the very reason for its creation was for circumstances such as this when national courts are unable or unwilling to provide genuine accountability for the most serious crimes. Both the Israeli and Palestinian authorities have failed to credibly investigate and prosecute alleged serious crimes, underscoring the importance of the ICC’s work.
The position advanced by the former UK government in seeking leave to make amicus submissions would, if pursued, create an accountability vacuum for serious crimes committed by Israeli nationals in the Occupied Palestinian Territory, fundamentally undermining international justice efforts and the perception of the UK as standing for the rule of law for everyone. The new UK government should resolutely support impartial and independent justice for crimes committed by all parties to be a credible voice for international justice globally.
If the request to submit observations is not withdrawn, it could contribute to delaying any arrest warrants, against both Hamas leaders and Israeli officials, which is at the expense of all victims’ access to justice. The new government’s decision on whether to withdraw its request to challenge the ICC’s jurisdiction will be an important first test as to whether Labour will differentiate itself from its predecessor and show itself as defender of the ICC’s vital role in ensuring accountability and justice for all, without discrimination.
Yours sincerely,
Yasmine Ahmed
UK Director
Human Rights Watch
Sacha Deshmukh
Chief Executive
Amnesty International
Rupert Skilbeck
Director
UK Redress
