Yvette Cooper clashed with a BBC presenter as she refused to say whether the UK would implement an International Criminal Court arrest warrant for Benjamin Netanyahu.
The Israeli prime minister and his former defence minister Yoav Gallant are accused of the “war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution and other inhumane acts” in Gaza.
It means that, in theory, both men could be arrested if they visited a country signed up to the ICC - like the UK.
Keir Starmer’s official spokesman yesterday said the government “respects the independence” of the court, but would not say whether Netanyahu would be arrested if he comes to Britain.
On BBC Breakfast this morning, Charlie Stayt asked Cooper: “If the Israeli government got in touch with your government and said we’re planning a visit, Benjamin Netanyahu, to the UK, would you reassure them that the Israeli prime minister would not be arrested?”
Cooper replied: “That’s not a matter for the home secretary. The International Criminal Court is independent, we respect its independence and its role.
“In the vast majority of International Criminal Court cases, they never become a matter for the UK legal processes or law enforcement or the UK government.
“In the event that any International Criminal Court investigation does become a matter for the UK, then there is a proper process that needs to be followed.”
As Stayt tried to interrupt the minister, she said: “Just let me finish this sentence.”
But the presenter persisted: “I didn’t want to run through the procedure, I wanted you to answer the question, which is you are told that Benjamin Netanyahu is coming to the UK on a visit, will you be reassuring the Israeli government that he will not be arrested? That is my question.”
Cooper said: “The reason the process is important is that in the small number of cases that might become a matter for the UK, there is a proper legal process and government process that has to be followed.
“That’s why it wouldn’t be appropriate for me as the home secretary to comment on speculative cases.”