Britain finally has a chance to reject the Sunak government’s claim that Israel enjoys impunity in Gaza, says Geoffrey Robertson KC
‘Israel’s argument, adopted by the UK, is that Palestine is precluded from prosecuting Israelis.’ An anti-government protest in Tel Aviv on 6 July 2024.‘Israel’s argument, adopted by the UK, is that Palestine is precluded from prosecuting Israelis.’ An anti-government protest in Tel Aviv on 6 July 2024.be prosecuted? The Sunak government tried to stop it happening, but now the Starmer administration must decide where it stands.
The obvious reason why the foreign secretary should drop this benighted initiative is that it is a legal nonsense. The Oslo accords are a dead letter. They were an early attempt at a two-state solution that ended a few years later with the failure of Bill Clinton at Camp David. Both sides have breached these accords – Israel, most notably, by encouraging illegal settlements.
Meanwhile, the ICC operates on the level of international law and takes no account of domestic law with its amnesties and immunities and limits on prosecutions. The fact that authorities in Gaza have not prosecuted Israelis does not prevent the ICC doing so in the sphere of international criminal law. If the argument adopted by the UK is correct, there would be nothing to stop the Israel Defense Forces lining up Palestinian children and executing them point-blank.
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