Wednesday, December 25, 2024

Trump could sanction British lawyer leading ICC push for Netanyahu arrest

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Like Israel, the US does not recognise the authority of the Hague-based court. Senior Republicans have called for sanctions against the ICC’s top officials in response to the arrest warrants.

The court’s politically charged investigation into Israel’s military operation in Gaza was opened by Mr Khan. The ICC said Mr Netanyahu and Mr Gallant should answer charges of “starvation as a method of ­warfare” and “murder, persecution and other inhumane acts”.

Mr Khan is being investigated outside the ICC over allegations of sexual misconduct. He denies the accusations.

During his first term in office, Mr Trump sanctioned the court’s former chief prosecutor over an investigation into alleged war crimes by US troops in Afghanistan. At the time, Mike Pompeo, then-secretary of state, branded the court a “thoroughly broken and corrupted institution”.

The sanctions against Gambian-born ICC prosecutor Fatou Bensouda, which included a travel ban, were eventually overturned by Joe Biden when he entered office in 2021.

But there is an expectation that Mr Trump could re-enact the same strategy in response to the ICC’s treatment of Israel.

He could also withdraw US involvement and resources from ICC-led investigations into Russian war crimes in Ukraine.

Sanctions could hit Khan’s bank account

Any sanctions enforced on Mr Khan and his staff could threaten the relationship between Britain and Mr Trump if Sir Keir opts to comply with the arrest warrants.

Depending on the nature of the sanctions, it could also make it difficult for Mr Khan to secure banking facilities in the UK.

The warrant marks the first time in the ICC’s 22-year history that its judges have sought the arrest of the leader of a Western-backed democracy.

The court’s 124 member states, including Britain, are responsible for enforcing arrest warrants it issues.

In a sign of splits among European nations, Ireland, Italy and the Netherlands promised to arrest Mr Netanyahu, as well as Mr Gallant, if they arrived in their territories. France affirmed the court’s standing but stopped short of saying whether Mr Netanyahu would face arrest if he crossed its borders.

Josep Borrell, the EU’s top foreign diplomat, confirmed the bloc’s 27 member states, including Germany and Hungary, would be obliged to enforce the warrants.

Yvette Cooper, the Home Secretary, refused on Friday to say publicly whether Mr Netanyahu would be detained if he travelled to the UK.

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