In October 2011, Keir Starmer was asked by a human rights group and law firm to issue an arrest warrant for former Israeli foreign minister Tzipi Livni, who was visiting London, over alleged war crimes.
Starmer was then Director of Public Prosecutions (DPP) at the Crown Prosecution Service (CPS). But two days later, he blocked the application for Livni’s arrest, citing a Foreign Office decision to grant her visit “special mission” status.
Declassified recently submitted a freedom of information (FOI) request asking for all communications to and from Starmer’s office regarding the case.
These files could shine a crucial light on the discussions which led to Livni’s escape from prosecution.
However, the CPS has censored a number of key emails, claiming that the release of such information would prejudice the effective conduct of public affairs.
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In December 2009, Westminster Magistrates’ Court issued an arrest warrant for Livni over war crimes allegedly committed during Operation Cast Lead.
With disregard for the separation of powers between government and the judiciary, then prime minister Gordon Brown and foreign secretary David Miliband both phoned Livni to apologise for the incident.
Brown subsequently pledged to make procedural changes to “universal jurisdiction legislation” in England and Wales, whereby a person committing serious crimes overseas can be prosecuted in another country.
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In June 2011, Starmer met with Israeli state attorney Moshe Lador in London.
It is unclear whether they discussed the planned modification to universal jurisdiction legislation, which was implemented three months later by the coalition government amid an Israeli diplomatic offensive.
The new legislation meant that the consent of the DPP was required before such arrest warrants could be issued, and a higher evidential threshold would have to be met to do so.
“These changes were intended to prevent the arrest of suspected war criminals from ‘friendly’ states”, argued Daniel Machover and Raji Sourani, who were both involved in Livni’s case.
The law was changed with Israeli officials in mind.
“We cannot have a position where Israeli politicians feel they cannot visit this country”, declared then foreign secretary William Hague.
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On 6 October 2011, Livni visited Britain once again.
CPS emails seen by Declassified indicate that Livni’s itinerary involved meeting with then prime minister David Cameron and Hague to discuss the new law “governing arrest warrants for war crimes”.
Two days before her arrival, the Palestinian Centre for Human Rights and law firm Hickman & Rose requested on behalf of a civilian Palestinian victim of Israeli attacks that Starmer, then DPP, authorise Livni’s arrest.
“These changes were intended to prevent the arrest of suspected war criminals from ‘friendly’ states”
It's a clear sign of a messed up world when this sentence can be written.