UK moves to delay ICC warrants against Israeli leaders amid doubts over Labour recognition of Palestinian state

The United Kingdom has moved to possibly delay the International Criminal Court's (ICC) decision on whether to issue arrest warrants against Israeli leaders, court filings have revealed.

Court documents made public on Thursday showed that the UK, an ICC member state, filed a request with the court earlier this month to provide written observations on whether "the court can exercise jurisdiction over Israeli nationals, in circumstances where Palestine cannot exercise criminal jurisdiction over Israeli nationals (under) the Oslo Accords".

Judges at the International Criminal Court (ICC) ruled on Thursday that the United Kingdom can submit legal arguments to judges considering the prosecution's request for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant.

The judges said the court would also accept submissions from other interested parties on the issue, but set a 12 July deadline for filings.

Granting the UK's request might delay the judges' pending decision on arrest warrants for Netanyahu and Gallant over Israel's war in Gaza, which ICC prosecutor Karim Khan had requested in May.

The ICC has an ongoing investigation into crimes committed in Israel and Palestinian territory since 2021.

In that year, ICC judges ruled that the court has jurisdiction after Palestinian authorities signed up to the court in 2015, after being granted United Nations observer state status.

The decision, however, left a ruling on an interpretation of the 1993 Oslo Accords regarding Palestinian jurisdiction over Israeli nationals to a later stage in the proceedings.

The UK's argument is that the Palestinian authorities cannot have jurisdiction over Israeli nationals under the Oslo Accords, and so it cannot transfer that jurisdiction over to the ICC to prosecute Israelis.

Labour 'could delay' recognition of Palestine

Also on Thursday, reports emerged that UK Labour leader Keir Starmer could delay recognition of a Palestinian state if his party wins the upcoming general election.

The change in policy is to ensure that ties with the US are not harmed by such a move, The Times reported.

The London-based newspaper cited a source close to the opposition leader, who said that recognition of Palestine was a "process" that would be most effective if done "in coordination with allies".

Starmer had previously indicated support for Palestinian statehood, amid previous criticism over his stance on Israel's war on Gaza.

“That needs to be part of the process, it’s very important we have a viable Palestinian state alongside a safe and secure Israel,” Starmer said in early June, ahead of the Labour Party's manifesto release.

Labour's manifesto describes statehood as an “inalienable right of the Palestinian people”, however only commits to it as part of a renewed peace process — something which has stalled since the last direct talks between Israel and the Palestinian Authority in 2014.

Critics have argued that anything less than unilateral recognition of a state would leave the process in the hands of the Israelis, who have broadly rejected prospects of a settlement.

Amid the war on Gaza, Israeli leaders and officials — including Prime Minister Benjamin Netanyahu and Israel's ambassador to the UK Tzipi Hotovely  — have ruled out the possibility of a Palestinian state.

Several states have recently moved to recognise a Palestinian state, including Ireland, Norway and Spain.