A very special mission
Why was Tzipi Livni's visit to the UK accorded privileged status?
By Ben White Published 08 October 2011 12:26
Last month, on the day that changes in universal jurisdiction law went into effect, Israel's former Foreign Minister Tzipi Livni said she "received a phone call" from UK Ambassador to Israel Matthew Gould telling her "there is no longer a warrant for my arrest".
Yet when Livni arrived in Britain on Thursday, something went wrong. In what was billed as a "test case" for a law designed to remove the threat of arrest for visiting Israeli officials, Livni only avoided a warrant due to a legal assessment by the Foreign and Commonwealth Office (FCO) that she was on a "Special Mission".
In a statement released Thursday lunchtime, the Crown Prosecution Service (CPS) revealed that it was the Special Mission status of Livni's visit that led the Director of Public Prosecutions (DPP) to refuse to "give his consent to the private prosecutor to make an application to the court for an arrest warrant".
Some incorrectly interpreted this as the DPP blocking an attempt to arrest Livni; in fact, as a spokesperson for the CPS had confirmed to me, what prevented an arrest warrant being issued was the Special Mission status - there was no decision regarding the prospect of conviction.
According to the CPS's statement, the DPP took into account a case earlier this year when the High Court considered, among other things, the "legal effect" of the Special Mission certificate. But by citing this ruling, more questions are raised about what happened Thursday.
Evidence submitted to the High Court included a letter written by the FCO itself in January 2011, which described a Special Mission as "a means to conduct ad hoc diplomacy in relation to specific international business", whose "fundamental aspect" is "the mutuality of consent of both the sending and the receiving States to the Special Mission". In his ruling, Lord Justice Moses said that "the Special Mission represents the sending State in the same way as a permanent Diplomatic Mission represents the State who sends it", and called it "vital" that "the consent which must be previously obtained is consent to a Special Mission" (my emphasis). Moses added: "Not every official visit is a Special Mission".
Yet Livni, a foreign opposition politician who was not part of a wider government delegation, was afforded Special Mission status. How were FCO legal advisers able to make this analysis, if, as appears to be the case, there was no prior agreement between the British and Israeli governments that Livni's visit would be a Special Mission?
While Foreign Secretary William Hague had publicly extended an invitation to Livni to visit the UK, the exact nature of her visit is unclear. According to pro-Israel advocacy group BICOM, it is they who "facilitated" Livni's visit.
Questions remain to be answered. The FCO only stated that Livni's visit had Special Mission status after a request for an opinion by the Attorney General Dominic Grieve. As the Jewish Chronicle reported, when Grieve was in the opposition he promised to "fix the situation if the Tories win power". In February 2010, Ken Clarke and Edward Garnier met with Livni in Israel and pledged to change the law once in government; they are now the Secretary of State for Justice and Solicitor-General respectively.
There are concerns about the timing of the Special Mission announcement. According to Daniel Machover of Hickman and Rose Solicitors, once the original application for an arrest warrant was made on Tuesday 4 October, there was constant contact with the prosecutor until all went silent for a few critical hours on the morning of Thursday 6 October. What happened to those assurances that the change in legislation would not affect the ability for cases to be dealt with in an appropriately timely manner? In addition, the CPS said that the FCO certificate of Special Mission status was received - and dated - Thursday morning. Yet by 7.30am, Livni was already in London and being interviewed on the Today programme. If the certificate's dating is irrelevant, when had the Special Mission status been agreed?
If the British and Israeli governments had secretly agreed that Livni's visit would be a Special Mission beforehand - though there is no indication this is the case - then the idea that this was a "test case" for the new universal jurisdiction legislation is a sham. If, on the other hand, the declaration of Special Mission status was a contingency option adopted as events unfolded, then it suggests that the new legislation does not protect those who actually have a case to answer.
During her visit, Livni told Hague she hopes his "hospitality for me today will herald the arrival of IDF officials" in Britain. Former Israeli general Doron Almog, who previously escaped arrest by staying on his plane at Heathrow, has announced his intention to visit the UK "early next year". The questions raised by this week's visit need answers, and soon.
Ben White is a freelance journalist and writer, specialising in Israel/Palestine
Latest tweets
More from New Statesman
- Online writers:
- Steven Baxter
- Rowenna Davis
- David Allen Green
- Mehdi Hasan
- Nelson Jones
- Gavin Kelly
- Helen Lewis
- Laurie Penny
- The V Spot
- Alex Hern
- Martha Gill
- Alan White
- Samira Shackle
- Alex Andreou
- Nicky Woolf in America
- Bim Adewunmi
- Glosswitch
- Kate Mossman on pop
- Ryan Gilbey on Film
- Martin Robbins
- Rafael Behr
- Eleanor Margolis
- Tools and services:
- Polls
- Predictions
- Archive
- Magazine
- PDF edition
- RSS feeds
- Advertising
- Subscribe
- Special supplements
- Stockists




















31 comments
I applaud Ben White's original article but am appalled at a lot of the comments here - pro-Israeli and anti-Israeli invective seem to be competing for arrogance and intolerance.
Equally, I am appalled at our government's complicity in refusing to allow these war crimes allegations to be investgated.
Where's Gideon P? Have his tranqs kicked in?
What an interesting video! So the Palestinians are tiresome crybabies with a bogus cause and a self-inflicted plight. Well, that's not strictly true, is it? After all, the official Israeli government position seems to be that the Palestinians are a permanent, existential threat to the Israeli people ... even though there is no such thing as an Palestinian navy, air force or army (y'know, with tanks and helicopters, the whole bit), or indeed nuclear subs or other tasty bits of WMD hardware.
No, them deadly Palestinians only have small arms and a some risible DIY rockets. And with this they have inflicted that grinding squalor on themselves?
Is this really the best argument you can come up with?
Jehudah Ben-Israel
The Israeli tell us they have a god given right to the land that they live in... that seems to be the crux of the reasoning behind occupation.
You realise that most clear thinking people(without having a direct line to the divine) will be sceptical of your motives...?
I mean do you really think in the 21st century its acceptable to occupy, displace and ethnicly clense all because 'god' said so?
She got it because Cameron and Hague are terrified of the Israeli govt. If you say no to her then you're "anti-semetic". And then, your rich Israeli Tory campaign donors will go elsewhere.
End of story.
The extent to which this government will bend over to facilitate being shafted by Israeli military commercial and political interests, is without parallel. That such covert collusion damages British security by allowing a foreign state to collaborate at the highest levels in British military systems is to have abdicated the prime responsibility of government. Who gains from such arrangements is impossible to quantify.
“…tribalism can never live in peace with humanism and universalism.” http://www.counterpunch.org/2011/10/10/calling-out-the-tribalists/
You're full of it, Tom. Moronic, ill-informed crap. Go on, tell me how many Israelis donate to the Tory party. While you're at it, tell me how many donate to Labour.
You dimwit.
"Why was Tzipi Livni's visit to the UK accorded privileged status?"
Why is an anti-Semitic, neo-Nazi bastard like Ben White accorded privileged status by the New Statesman?
And why did we Americans foolishly expend our lives on England?
Rot in hell, all of you.
It is absolutely shocking and disgusting to see Livni viist the UK under special mission status. Surely, this cannot be right. Correct me if I am wrong you legal buffs but special mission status can only be accorded to governments not to individuals. I fail to understand why both Labour and the Tories continue to attach so much importance to the human rights of Israelis which seem to be valued above all others.
Livni is a war criminal and was fully behind the Gaza war in which 1400 Palestinians lost their lives, not to mention illegal use of white phosphorous munitions.
I doubt whether Ed Miliband would have acted differently. How is it that most politicians have a blind spot when it comes to Israel. He has yet to come out strongly on the issue of Palestine. Let us not forget too that under the Labour Party the position of the Palestinians worsened. We now have close to 500.000 Israelis living in illegal settlements.
The whole of Europe are criminals who colluded in the genocide against Jews.
You all belong on the gallows, every last one of you anti-Semitic pricks.
Israel shoud use its nukes not against Tehran but against London.
Fuck Europe.
An American, you're completely loopy-or a thirteen year old having a laugh.
Ben White has bee spewing anti-Semitic invective his whole life. He belongs in jail for race agitation and for Holocaust denial.
http://www.anti-semitism.net/holocaust-denial/ben-white-the-holocaust-is...
The behavior of Ken Clarke and Edward Garnier does not pass a stinky-test: “Ken Clarke and Edward Garnier met with Livni in Israel and pledged to change the law once in government; they are now the Secretary of State for Justice and Solicitor-General respectively.”
For what exactly reason the UK needs to abrogate the law? – To please the bully?
Western civilization has had enough already with the ideas of the “obsolete” Geneva Conventions and “unnecessary” habeas corpus. (Lord Goldsmith has justly earned his infamy by being servile to the pious Tony). Somebody needs to remind Israel that “never again” is related to humanity at large and not just to the “chosen.”
as the late george carlin said, "the game is rigged"
Its always unwise to shoot 'the messenger' whoever it is. More intrguing is: what was the message that Livni was delivering?
Hess was I believe also on a 'special mission' in 1940. But he ended up in prison.
And what is the difference between say an Israeli citizen persona non grata and Robert Mugabe? We need answers.
The sound of an obsessive scraping a barrell
Why is it that one reads between the lines a sense of resentment of the fact that officials of the liberal democratic nation-state of the Jewish people, Israel, and members of the Israel Defence Forces (IDF) will renew their regular visits to the United Kingdom...??
This is a message for the dishonorable Ken Clarke and Edward Garnier:
“…the FCO's [Foreign and Commonwealth Office] apparently retroactive attribution of Special Mission immunity to Tzipi Livni must be highlighted. As far as we can see, there are just two possibilities: Either there was a plan in advance to classify the visit as a special mission, in which case Ms Livni and the FCO set out deliberately at the beginning of the week to deceive everyone that Ms Livni was genuinely testing the new legal procedure, or the special mission was a rabbit that was pulled from the hat to prevent the law taking its course. Both these alternatives are discreditable…”
by Daniel Machover & Raji Sourani
Jehuda
A war criminal is a war criminal, Israeli or not.
Ben's article is opinion based on fact,not resentment.
We will not be gagged from expressing our views on any nation.
Keep up the good work Ben. I salute your couragre in addressing some of the wrongs of international Mafia Governments.
"We will not be gagged from expressing our views.."
All are entitled to their views, including Jews...
Wouldn't the poster agree...??
Ben White is consumed by his own bias. That being the case, he wouldn't know a fact in this case if it poked him in the eye.
If one takes White seriously every Hamas, Hezbollah and PLO leader in the UK should be arrested too.
But that's hardly likely, is it with White shilling for them.
The awkward moment when a hate-driven amateur misunderstands basic legal facts and procedure!
Well done Ben, for revealing all the twists and turns that the UK Government and its co-players in Israel and over here (BICOM, The Israeli Embassy etc) will go through to ensure that its close ally Israel will side- step international law and universal jurisdiction, to continue with their impunity and daily war crimes.This dangerous alteration of a hard-won law to suit a foreign country's illegal behaviour will have repercussions when the need to arrest war criminals of other countries arise. If those arrests are made and approved by the DPS, it will highlight the special status afforded to Israel, so one can really ask then "Why is Israel always singled out, when other states' human rights are just as bad if not worse?"
It is bloody disgusting that the evil witch livni was allowed to come here!
It looks like the terrorist state of Israel can do whatever it wants.
"It is bloody disgusting that the evil witch Livni...".
Does the poster hold in as much contempt the mass murderers of the Muslim-Arab independent region of Gaza?
Indeed, does the poster hold in as much in contempt the Head of the Palestine Liberation Organization (PLO) and of the Palestinian Authority (PA, Mr. Mahmoud Abbas for retain the law that prohibit Arabs from selling real estate to Jews, only because they are Jewish, a racist law whose violation is punishable by death? So far a number of Arabs have been killed for the "crime" of selling their private real property to Jews!!
And, incidentally, this is the same Mahmoud Abbas who, in 2008, rejected a peace offer negotiated by Ms. Livni and her boss at the time, Mr. Olmert and handed over to Mr. Abbas, never to even receive a yes or a no answer.
Thus, "the evil witch" is actually involved in a futile attempt to reach an accommodation of peaceful coexistence between Arab and Jew, between the Muslim-Arab world and the nation-state of the Jewish people, Israel. But the person facing her continues to kill Arabs who sell real property to Jews, a racist and inhumane way of governance, wouldn't the poster agree...??
=== http://www.abcneed.com
=== http://www.abcneed.com
=== http://www.abcneed.com
=== http://www.abcneed.com
=== http://www.abcneed.com
===( http://www.abcneed.com )
===( http://www.abcneed.com )===
===(http://www.abcneed.com)===
===( http://www.abcneed.com )===
===( http://www.abcneed.com)===
===( http://www.abcneed.com )===
She will "co-operate"! The daughter of the rnowned Irgun Supremo, a trusted operative of Menhaem Begin, produced a dayghter that could make her parents crawl in their grave. Her lust for power, is demonic. She got a useless party of local defectors, the second rate politcos, the crumbs that fell of the politcal table of Israel around her, not a single person with any vision, and she took the leadership, once Ehood Olmert blew it during the Lebanon War. The Euro Socialists and the "Conservative in name only", like to mingle with weak opportunitst like her. She does not make demands, does not make them feel uncomfortable and will not stand for anything, like them. She is no different to hague, Baroso or Cameron. A person who has no vision, no platform and no loyalty. Israelis can only hope that sh will implode, like her buddy new Socialist Part "Leader", Ms. Shelly Yachimovitch, a fomer Voice of Israel Radio "reporter", much like the infamous BBC operatives with declared agenda. Let the cat fight begin.
Perhaps if we placed matters in the proper context the subject would be better understood. The following should help us in doing so:
http://www.youtube.com/watch?v=j1N1zhUm84w&feature=player_embedded#!