From: 
Subject: Gaza War Criminal Tzipi Livni Cancels Trip to London Over British 
Arrest Warrant

 


 



British court issued Gaza arrest warrant for former Israeli minister Tzipi Livni


Warrant issued over war crimes accusations was withdrawn when it emerged former 
minister had cancelled plan to visit

 

The UK Guardian-Tuesday, December 15, 2009

http://www.guardian.co.uk/world/2009/dec/14/tzipi-livni-israel-gaza-arrest

 

Image removed by sender. Israeli Foreign Minister Tzipi Livni

Former Israeli foreign minister Tzipi Livni. Photograph: Gali Tibbon / AFP 

 

A British court issued an arrest warrant for  
<http://www.guardian.co.uk/world/israel> Israel's former foreign minister over 
war crimes allegedly committed in  <http://www.guardian.co.uk/world/gaza> Gaza 
this year – only to withdraw it when it was discovered that she was not in the 
UK, it emerged today. 

 

Tzipi Livni, a member of the war cabinet during Operation Cast Lead, had been 
due to address a meeting in London on Sunday but cancelled her attendance in 
advance. The Guardian has established that Westminster magistrates' court 
issued the warrant at the request of lawyers acting for some of the Palestinian 
victims of the fighting but it was later dropped.

 

The warrant marks the first time an Israeli minister or former minister has 
faced arrest in the UK and is evidence of a growing effort to pursue war crimes 
allegations under "universal jurisidiction". Israel rejects these efforts as 
politically motivated, saying it acted in self-defence against Hamas rocket 
attacks from Gaza.

 

Livni, head of the opposition Kadima party, played a key role in decisions made 
before and during the three-week offensive. Palestinians claim 1,400 were 
killed, mostly civilians; Israel counted 1,166 dead, the majority of them 
combatants.

 

No one involved in the Westminster episode was prepared to confirm, on the 
record, what had transpired in a chaotic series of highly sensitive legal 
moves. But a pro-Palestinian group welcomed news of the abortive move as "long 
overdue".

  

The Foreign Office, clearly deeply embarrassed by the episode, said in a 
statement: "The UK is determined to do all it can to promote peace in the  
<http://www.guardian.co.uk/world/middleeast> 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." 

 

Livni's office said she had decided in advance not to come to the UK, but 
lawyers seemed unaware of that when they approached the court last week. The 
judge refused to issue the warrant until it was clear Livni was in fact in the 
country, as he was erroneously informed on Sunday.

 

The former minister had been scheduled to speak at a Jewish National Fund 
conference. "Scheduled meetings with government figures in London could not 
take place close to the conference and would have necessitated a 
longer-than-planned absence from Israel," her office told the Ynet website.

 

It is the second time in less than three months that lawyers have gone to 
Westminster magistrates court asking for a warrant for the arrest of an Israeli 
politician. In September the court was asked to issue one for the arrest of 
Ehud Barak, Israel's defence minister, under the 1988 Criminal Justice Act, 
which gives courts in England and Wales universal jurisdiction in war crimes 
cases.

 

Barak, who was attending a meeting at the Labour party conference in Brighton, 
escaped arrest after the Foreign Office told the court that he was a serving 
minister who would be meeting his British counterparts. The court ruled he 
enjoyed immunity under the State Immunity Act 1978.

 

According to Israeli sources, ministers who wish to visit the UK in a personal 
capacity have begun asking the Israeli embassy in London to arrange meetings 
with British officials. These offer legal protection against arrest.

 

Livni, crucially, cannot enjoy any such immunity as she is an ex-minister. Ehud 
Olmert, the former prime minister, is in the same position.

 

Because of the potential damage to UK-Israeli relations – and because of legal 
pitfalls facing those who disclosed information about the application – few 
people with any detailed knowledge of it were prepared to comment today.

 

The Ministry of Justice, Scotland Yard and clerks at the magistrates court 
refused to discuss the matter. A statement issued by HM Court Service implied 
that there had been no application for an arrest warrant, stating "there is no 
record of any such hearing". A spokeswoman maintained that this was not a 
misleading statement.

 

Samuel Hayek, chairman of the Jewish National Fund UK, the charity whose 
conference Livni had been due to attend, said: "I am not at liberty to confirm 
her precise reasons for her not attending." He added: "In any event, it is 
regrettable that the British government is unable to conduct free dialogue with 
Israel's most senior statesmen and politicians."

 

Tayab Ali, the solicitor who tried to obtain a warrant for the arrest of Barak 
on behalf of 16 Palestinians, said his firm was "ready, willing and able to act 
for clients to seek the arrest of anyone suspected of war crimes" who travelled 
to the UK.

 

Livni's office described her as "proud of all her decisions regarding Operation 
Cast Lead". It added: "The operation achieved its objectives to protect the 
citizens of Israel and restore Israel's deterrence capability."

 

 

 

 

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