Francesca Albanese: David Cameron could be criminally liable for threatening ICC
On Monday, Middle East Eye revealed that former British Foreign Secretary David Cameron privately threatened to defund and withdraw from the International Criminal Court (ICC) if it issued arrest warrants for Israeli leaders.
Cameron, then foreign secretary in Rishi Sunak’s Conservative government, made the threat in April 2024 in a heated phone call with Karim Khan, the British chief prosecutor of the court.
Since then, 10 British MPs have commented on the revelation. Some have called for a parliamentary investigation, while others have urged the Labour government to distance itself from Cameron's actions.
On Tuesday afternoon, Humza Yousaf, who was Scotland's first minister when Cameron made the threat, said that it was "shameful that Lord Cameron allegedly threatened the ICC for having the audacity to do their job".
Now, legal experts say there is a serious risk that Cameron, who sits as a Tory peer in the House of Lords, could be criminally liable.
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Francesca Albanese, the prominent legal scholar and UN special rapporteur on the occupied Palestinian territories, weighed in on Tuesday evening in an exclusive interview with MEE.
Albanese, an expert in international law, was careful to note that she is not conversant with all the details of the Cameron story. She caveated her comments by saying, "if this occurred and there is evidence".
The UN rapporteur explained that if Cameron acted as MEE's sources said he did, the former foreign secretary and prime minister has committed a "criminal offence under the Rome Statute".
The Rome Statute criminalises those who attempt to prevent war crimes from being prosecuted.
Article 70 awards the ICC jurisdiction over those responsible for "impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties".
According to MEE's sources in The Hague, Cameron told the ICC prosecutor that if the ICC issued warrants for Israeli leaders, the UK would "defund the court and withdraw from the Rome Statute".
Cameron did not respond to multiple requests for comment.
'The court can take action'
"A threat against the ICC, direct or indirect, is an obstruction of justice," Albanese told MEE.
"It's an action aimed at preventing the court from carrying out an investigation. So it's a violation of the principle of judicial independence.
"It's incredibly serious that someone in a position of power might have had the audacity to do that."
Albanese pointed out that "any form of intimidation, retaliation, or interference with court officials is an offence in itself".
Significantly, she said that the "court can take action against a person who misbehaves or obstructs proceedings."
Cameron could also face potential repercussions under British domestic law.
Section 54 (1) of the International Criminal Court Act 2001 notes: "A person intentionally committing any of the acts mentioned in article 70.1 (offences against the administration of justice in relation to the ICC) may be dealt with as for the corresponding domestic offence committed in relation to a superior court in England and Wales."
Albanese said that if Cameron was still in politics, "there would be condemnations from other states, probably diplomatic or retaliatory measures.
"Now, I don't know the UK system enough, but in normal systems, had he still been in office, there could have been an investigation, legal challenges by civil society - surely something that will happen.
"And again, I don't know. One needs to see the UK legislation, but surely there could be something that is along these general principles."
'Cameron must be investigated'
In the call on 23 April, Cameron told Khan that applying for warrants for Israeli Prime Minister Netanyahu and former Defence Minister Yoav Gallant would be "like dropping a hydrogen bomb".
He said Khan was "on the brink of making a huge mistake" and that "the world is not ready for this".
According to MEE's sources, the foreign secretary spoke aggressively and repeatedly shouted over Khan, who had to ask to be able to complete his points.
'Any form of intimidation, retaliation, or interference with court officials is an offence'
- Francesca Albanese
Labour MP Naz Shah called the news "shocking" and said she would be "raising this matter directly" with the Foreign Office.
Labour MP Zarah Sultana said on social media platform X that "David Cameron - and every UK minister complicit in arming and enabling Israel's genocide in Gaza - must be investigated for war crimes."
Independent MP Ayoub Khan told MEE: "I urge the relevant parliamentary standards committees to investigate this matter with the seriousness it deserves."
Emily Thornberry, a senior Labour MP and the chair of parliament's foreign affairs select committee, said: "I've always believed that when making difficult decisions, international law must always be our guide."
Approached by MEE for a response to the exchange with Cameron, Khan said on Monday: "I have no comment to make at this time."
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