No one is above the law, says lawyer who sat on ICC panel for Netanyahu warrant

A starring quality rights lawyer who reviewed grounds that resulted successful an planetary apprehension warrant being issued for Israeli Prime Minister Benjamin Netanyahu implicit alleged warfare crimes successful Gaza has insisted “no 1 is supra the law”.

Last week, judges astatine the International Criminal Court (ICC) issued apprehension warrants for Mr Netanyahu, erstwhile Israeli defence curate Yoav Gallant and Hamas subject commandant Mohammed Deif, though Israel said Mr Deif had died successful an aerial onslaught successful July.

British quality rights lawyer Baroness Kennedy of the Shaws sat connected the ICC’s sheet of experts that reviewed the grounds earlier the warrants were issued.

No 1 should bask impunity, nary 1 supra the law, and wealth, power, presumption and privilege should successful nary mode influence, for example, the issuing of warrants

Baroness Kennedy of the Shaws

The autarkic crossbench adjacent has told Parliament that the determination was “not astir equivalence” betwixt Hamas and the Israeli enactment oregon astir “disproportionality” regarding Israel’s effect to the October 7 2023 attacks.

She said it was “very specifically astir the nonaccomplishment to supply humanitarian aid, h2o and truthful on, and the instauration of starvation and malnutrition”.

Speaking connected a statement astir the regularisation of instrumentality successful the House of Lords, Lady Kennedy insisted that “no 1 should bask impunity” and that wealth, powerfulness and presumption “should successful nary mode power the issuing of warrants”.

Her comments came aft shadiness lawyer wide Lord Wolfson of Tredegar argued that determination is simply a UK instrumentality that would springiness Mr Netanyahu immunity from apprehension successful the UK.

He said the International Criminal Court Act of 2001 guaranteed immunity for the caput of a authorities of a authorities that was not enactment to the Rome Statute nether which the ICC was established.

After the apprehension warrants were issued connected November 21, the UK Government said it respects the independency of the ICC and that the UK volition “always comply with its ineligible obligations”.

Ministers person said it would beryllium for the courts to determine whether to enforce an planetary apprehension warrant should Prime Minister Netanyahu participate the UK.

Lady Kennedy told peers: “To person the assurance of the public, whether the nationalist successful this state oregon internationally, courts person to beryllium seen to beryllium conscionable and just and the instrumentality has to beryllium applied successful a mode that is impartial.

“No 1 should bask impunity, nary 1 supra the instrumentality – and wealth, power, presumption and privilege should successful nary mode influence, for example, the issuing of warrants…

“We cannot person impunity for definite people. There are nary children of a lesser god, and a precise precocious percent of children person died and we person to marque definite that determination is simply a conscionable process – and that is what the International Criminal Court is determination to provide.”

She added: “The outer grounds reappraisal sheet was thing I was invited to beryllium connected for the International Criminal Court successful narration to the warrants that were issued against Hamas and against Prime Minister Netanyahu and erstwhile defence curate Gallant.

“It’s not antithetic for an autarkic sheet to beryllium invited to reappraisal grounds to spot whether it reaches the thresholds and to marque definite that there’s outer eyes being applied…

“And we received the grounds – it’s what I’ve spent my beingness doing: reviewing grounds to spot if it reaches the threshold which is required astatine antithetic stages successful a case.

“And I person to say, this was not astir equivalence; it was rather different.

“The warrants for the Hamas person were precise antithetic to those that were brought unneurotic for the Israeli warrants.

“And they were individuals who had held existent work and they were not allegations astir disproportionality of the behaviour of the war, it was precise specifically astir the nonaccomplishment to supply humanitarian aid, h2o and truthful on, and the instauration of starvation and malnutrition.”