Transparency needed on possible US interference in UK’s decision to intervene in International Criminal Court arrest warrants
London, 23rd July 2024- On 19th July 2024, the International Centre of Justice for Palestinians (ICJP) sent Freedom of Information (FOI) requests to the Cabinet Office and the Foreign, Commonwealth and Development Office (FCDO). The requests call for clarity on their engagement and correspondence with their counterparts at the International Criminal Court (ICC).
In particular, the FOI requests ask for all formal and informal correspondence between the respective departments and the ICC since 7th October 2023. They also ask for all formal and informal correspondence between each respective department and U.S. counterparts since 7th October 2023. The FOI requests are subject to a 20-working day deadline, meaning that the Cabinet Office and FCDO have until Friday 16th August to respond.
The FOI requests have been submitted ahead of a 26th July deadline for the UK to decide whether to intervene in the ICC’s investigation. The UK government would likely face criticism for hypocrisy if they do intervene.
On the same day that ICJP submitted the FOI requests, the FCDO released a statement saying that “the UK respects the independence of the ICJ.” A decision to intervene in the ICC’s application would undermine the Foreign Office’s lines on respecting international law and deliver an embarrassing blow to the Prime Minister’s reputation as a human rights lawyer.
The upcoming decision has been the subject of media attention due to reports of a double U-turn. On 28thJune 2024, it emerged that the UK government planned to intervene in the Palestine case at the ICC, where the Court is currently considering issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant. The request to intervene has already delayed the process, and continuing with this intervention would only obstruct the accountability process further.
Reports then emerged that the new Labour government were considering dropping plans to intervene on 8thJuly, but further reports on 10th July suggested that the UK may continue to oppose ICC arrest warrants due to US influence over British foreign policy. These reports emerged on the same day Prime Minister Keir Starmer met with US President Joe Biden for the first time.
Legal Officer Zaki Sarraf said:
“Last Friday, the Foreign Office said they respect the independence of the ICJ. If the government wants to be seen to respect international law, then they must respect the independence of all institutions upholding international law and that includes the ICC too.
There can’t be a pick-and-choose approach to this sort of thing. Starmer sung the ICC’s praises when the Court’s Prosecutor applied for an arrest warrant for Putin, and rightly so. International law must be applied without fear or favour and he must support these arrest warrants too.”
ENDS
Notes to Editors:
- The International Centre of Justice for Palestinians is an independent organisation of lawyers, politicians and academics who support the rights of Palestinians and aim to protect their rights through the law.
- UK Foreign Office statement on the ICJ’s Advisory Opinion on Israel and the Occupied Palestinian Territories available here.
- ICJP statement on initial reports of the UK’s potential U-turn available here.
- For more information, or to arrange an interview with a spokesperson, please contact the ICJP news desk at [email protected].