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"We are all Tzipi Livni"

Reports of British arrest warrant for former Israeli minister could have serious implications

By Samira Shackle Published 15 December 2009 16:52

Britain's legal system has had a tough rap in recent weeks. As if the furore about draconian libel laws wasn't enough, a diplomatic storm appears to be brewing over reports that a British court issued an arrest warrant against the Israeli opposition leader, Tzipi Livni, for war crimes in Israel's offensive against Gaza last year.

The Guardian reported yesterday that Westminster Magistrates' Court issued the warrant at the request of lawyers acting on behalf of some Palestinian victims of the conflict. Livni, a former foreign minister, was in the war cabinet for "Operation Cast Lead", which ruined infrastructure in Gaza and killed between 1,100 and 1,400 Palestinians.

Ron Prosor, Israel's ambassador to Britain, told Israeli army radio that Britain should change the law allowing groups to pursue charges against non-citizens for crimes outside the UK:

The current situation has become intolerable; it is time that it changes. I am convinced that the British government will understand that it is time to react and not content itself with declarations.

But the warrant is thought to be part of an international effort to pursue alleged war crimes under universal jurisdiction. Bill Bowring, a professor of law at the University of London, told al-Jazeera English:

This has happened before. It's under quite old legislation, under the fourth Geneva Convention of 1949. Basically what it says is that if a person anywhere in the world commits grave breaches against civilians then that person should be arrested and prosecuted wherever they turn up in the world.

This move could have major implications. As a former minister, Livni is no longer protected by diplomatic immunity. The same is true of former prime minister Ehud Barak. Sources report that international travel is increasingly a matter of thought for Israeli public figures.

The Foreign Office, meanwhile, issued a slightly panicked-sounding statement:

The UK is determined to do all it can to promote peace in the Middle East and to be a strategic partner of Israel. To do this, Israel's leaders need to be able to come to the UK for talks with the British government. We are looking urgently at the implications of this case.

As the Israeli vice-premier Silvan Shalom said, reacting to the "scandalous" news: "Where Cast Lead is concerned, we are all Tzipi Livni."

The independence of the courts is supposedly sacrosanct, but this move could have significant diplomatic repercussions. As the high court faces a challenge from the Foreign Secretary, David Miliband, it will be interesting to see whether the government allows this particular trend to continue.

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Tags: Tzipi Livni Justice Israel

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15 comments

Fri, 2009-12-18 00:26 — Mocosobobo

Palestine belongs to the Israeli people. The cockroaches who believe otherwise should leave the planet immediately, or sooner.

Tue, 2009-12-15 17:13 — David Wearing1

The UK govt needs to clarify that statement. Is it saying that international law does not apply to any suspected war criminals visiting Britain? Or just the suspected war criminals we have friendly relations with?

The implications of a successful conviction of an Israeli politician would be interesting since Britain sells arms to that country. Could our government be seen by a court as an accessory? In the case of Lebanon that would definitely be arguable.

Tue, 2009-12-15 17:26 — Israel must understand (not verified)

The UK is facing a social change.
Muslim Europe - the demographic time bomb transforming our continent
http://www.telegraph.co.uk/news/worldnews/europe/5994047/Muslim-Europe-t...

Tue, 2009-12-15 17:54 — Anthony Adams (not verified)

The protests of the Israeli state are peculiar, since it has spent the last sixty years hunting down former members of the German government and military for similar offences. Indeed, it generally didn't even bother with the courts, they've just kidnapped and rendered them to Israel without any kind of legal recourse whatsoever.

Tue, 2009-12-15 18:00 — jason (not verified)

This system could be abused though. Lets say after Obama finishes his presidency some radical group wants him to be prosecuted for drone attacks. Will the UK courts really put out a warrant for Obama and create an international incident. There are huge double standards the current PM brown argued in the cabinet to go to war in Iraq. Why isn't the court calling for a warrant for Brown and Blair.

Tue, 2009-12-15 18:10 — Justice for Palestine (not verified)

So "YOU'RE ALL WAR CRIMINALS" then

Simples

Viva Palestine!!!!

Tue, 2009-12-15 18:50 — Asher (not verified)

Where is the outrage, the uproar, the indignation when Hezbollah terrorizes Israel by launching missiles into Israel with impunity?

Wed, 2009-12-16 01:00 — RJD

Asher - If acts of violence, the means of violence and the outcome of violence as measured by casualties and death could be likened to products with each perpetrator of violence being a competitor in the market, then it's clear that Israel has no real competitor in its field of expertise and the answer to your your rather ill-considered question becomes obvious. The outrage, the uproar is logically proportionate to each party's market share of the violence. This logic is not always applied but those with a keener sense of justice (such as the readers of this weekly) recognise that it is the oppressor who determines the nature of the struggle. The party who has the monopoly on violence determines the agenda.

Hezbollah actually hasn't launched rockets into Israel since the 2006 Israeli attack on Lebanon so you are confusing them with Hamas. Nevertheless, the ability of Hamas to terrorise Israel with its largely useless and relatively ineffectual rockets is in fact a facet of the dynamic between the two parties which is welcomed by Israel since it provides Israel with the diplomatic cover it needs to embark on barbaric campaigns of violence typified by the Gaza offensive of Dec 2008/Jan 2009. Impunity? Is this the word you choose to describe the killing of over 2000 people (mostly innocent civilians including roughly 700 women and children)? Your comment is the knee jerk (and therfore not very clever) Israeli cheerleader reflection of this sick game. But it is now being drowned out by a turn in the tide of sympathy and common sense and developments such as that highlighted in this article as well as the impact of the Goldstone report are heralding the beginning of the end of the sick game.

Wed, 2009-12-16 02:22 — Bob (not verified)

For a moment it looked like there might be a sliver of hope that god's choosen war criminals might face the threat of justice...

Wed, 2009-12-16 05:00 — Hannah (not verified)

Technically they are war crimes. Hezbollah are treated like criminals as well, even when they win elections. Yes, Blair and Bush are both war criminals as well. Putin may well be too, but the powerful normally get off. Israel politicians only avoided this long ago by being the USA's important mid-east client state.

Wed, 2009-12-16 08:20 — Mike (not verified)

Hopefully, this little episode will put some understanding, if not fear, of the consequences of harming innocents, which is clear to all the world what has happened.

It's hard to look at israel and israelis as some kind of "damaged people", who, not unlike victims of child abuse, then grow up and perpetuate the same kinds of violence against others.

Wed, 2009-12-16 22:51 — Leslie (not verified)

Bob Marshall_Andrew's question to Harriet Harman this afternoon, drew the reply that the independence of the judiciary was to be respected!

Thu, 2009-12-17 00:01 — Charles (not verified)

If the Arabs put down there weapons there would be peace, if the Israelis did their would be mass murder. How can you camper Hamas to Israel... Islamic Fascist to democratic state, pull your head out England before it’s to late.