The Israel-Hamas war and brutality in Gaza have shaken the world. Whilst the illegality of Hamas’ actions on 7 October 2023 has been acknowledged, the reaction from Israel has caused fractures across political and diplomatic lines globally.
With mounting pressure following the International Court of Justice’s conclusion in January that Israel may be guilty of genocide, the International Criminal Court (ICC) issued arrest warrants in November for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for alleged war crimes and crimes against humanity - charges which also apply to Hamas commander Mohammed Deif (declared dead by the IDF in July).
Netanyahu has decried these rulings as antisemitic. The stance taken against him by the arbiters of international law is unprecedented for a nation so closely tied to UK and US strategic aims in the Middle East.
Starmer’s conundrum
British Prime Minister Keir Starmer has faced ruthless criticism since the war began. He claimed in October that Israel had the “absolute right” to defend itself and cut off water and energy to Gaza. Record-low turnout in the 2024 UK election, where Gaza supporters abstained or shifted to Green or Independent candidates, cost Starmer five seats and signalled dissatisfaction with his stance.
Attempts to regain trust by suspending 30 arms export licenses with Israel fell flat. Pro-Gaza voices, such as Jeremy Corbyn, saw this as performative, while pro-Israel critics, like Boris Johnson, accused Starmer of abandoning a British ally.
Starmer’s response to the ICC warrants has satisfied neither side. Shocked initial reactions from Downing Street gave way to cautious acceptance, which worried pro-Israel critics and alienated the Gaza supporters.
The rule of law
We must always remember, however, that under international law, the line for illegality is the law itself. The right to self-defence according to Article 51 of the UN Charter is restricted by international humanitarian law. Collective punishment, including a total blockade cannot be in conformity with international law. As a lawyer who represented Croatia in genocide hearing, Starmer is aware of the boundaries of the rule of law. If international law is to be respected, the objective tests and standards must apply equally to all wars.
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