After Declassified exposed an Israeli army delegation in London, the UK government confirms the officers were given diplomatic immunity from arrest for war crimes.
Israeli General Oded Basyuk and his delegation were given special diplomatic immunity to visit Britain last month, the UK government has confirmed.
Basyuk is the head of the Israel Defence Forces (IDF) Operations Directorate, which is responsible for preparing the Israeli military for war.
He was on the ground in Gaza during Israel’s most recent onslaught and presided over decision-making on last year’s offensive in southern Lebanon.
Declassified exposed Basyuk’s trip to London on 22 January, questioning the Israeli General and his delegation after they had finished meetings at the Ministry of Defence (MoD) in Whitehall.
The UK government has now revealed it “gave consent for special mission status for the visit to the UK on 21-22 January of Major General Oded Bassiuk… and delegation” to attend meetings with officials with the MoD, Foreign Office, and Cabinet Office.
The information was provided in response to a parliamentary question from Brian Leishman, the Labour MP for Alloa and Grangemouth.
Jonathan Purcell from the International Centre of Justice for Palestinians (ICJP) told Declassified: “It is not only an insult to the victims of the genocide in Gaza, but also a total disregard to the rule of law, for the UK to grant diplomatic immunity to senior Israeli officials who have been actively responsible for international crimes against the Palestinian people.”
While Basyuk is not currently sought by the International Criminal Court (ICC), it is possible to issue private arrest warrants in Britain under universal jurisdiction legislation, which allows for the most serious crimes to be prosecuted regardless of where they are committed.
However, the UK government blocked this avenue for judicial redress by issuing Basyuk and his delegation with a “special mission” certificate, granting them diplomatic immunity for the duration of the visit.
Special mission status
Israeli officials have feared arrest in Britain under universal jurisdiction proceedings for the past two decades.
In September 2005, a private arrest application was issued for retired Israeli General Doron Almog over alleged war crimes committed in Gaza.
Almog was tipped off about the potential arrest upon arrival at Heathrow airport, and remained on his plane before turning back to Israel.
The incident seemingly marked the first time that an arrest warrant had been issued in Britain for an Israeli national over abuses against Palestinians.
What followed was a years-long campaign by the Israeli government to change Britain’s approach to universal jurisdiction legislation.
The goal was to allow Israeli officials to visit Britain without fear of arrest, particularly those accused of serious abuses against the Palestinians.
In September 2011, David Cameron’s coalition government passed new legislation requiring the consent of the director of public prosecutions (DPP) before universal jurisdiction arrest warrants could be issued.
This meant that it would no longer be possible to issue a private universal jurisdiction arrest application directly to a British court – and it was precisely what the Israeli government had lobbied for.
Leaked files reviewed by Declassified revealed how the Israeli Ministry of Justice had requested “the consent of the Attorney-General or the DPP before an arrest warrant or summons is issued” in Britain.
Britain’s then foreign secretary William Hague further indicated how the changes were being implemented with Israeli officials in mind. “We cannot have a position where Israeli politicians feel they cannot visit this country”, he declared.
Protecting Israeli officials
Since the change in law, the UK government has issued over 50 “special mission” certificates to military and political figures from Israel, Egypt, Saudi Arabia, Qatar, Rwanda, and Iran.
At least 17 of those certificates have been issued to Israeli officials including Benjamin Netanyahu, former Israeli foreign minister Tzipi Livni, and the IDF’s former military intelligence directorate chief Amos Yadlin.
Only three “special mission” certificates have been provided to Israeli officials since the onset of the Gaza genocide, with war minister Benny Gantz receiving immunity to visit Britain in March 2024, IDF chief of staff Herzi Halevi in November, and Basyuk last month.
The ICJP commented: “Whether its the exception or the rule, this diplomatic cosiness undermines the UK’s global position by associating so closely with a pariah state and it makes a mockery of commitment to international law.”
The Foreign Office said: “Government officials from any country can apply for and be granted special mission certificates as part of official visits to the UK.
“A special mission is a temporary mission, representing a State, which is sent by one State to another with the consent of the latter, in order to carry out official engagements on behalf of the sending State”.