Judge criticises UK attorney general as top prosecutor admits Herzog immunity 'error'
The UK's Crown Prosecution Services has issued a rare apology to a campaigning group for giving false information on why the Israeli President could not be arrested after claiming that the visiting head of state had immunity from possible arrest, a court heard.
Speaking in a High Court hearing on Thursday night, the attorney general's office further refused to disclose why he blocked the application by Friends of Al-Aqsa (FOA).
Meanwhile Justice Martin Chamberlain criticised the attorney general's office and the Crown Prosecution Service for not clarifying the mistake earlier.
During court proceedings, the attorney general's office stated that the information provided by the Crown Prosecution Service that Herzog was immune from arrest was incorrect. The CPS later acknowledged this mistake.
Middle East Eye understands that as a consequence for this mistake, Frank Ferguson, the CPS's Chief Prosecutor for its counter-terrorism division, sent a rare letter of apology to FOA on Friday for giving the group false information.
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At the High Court hearing on Thursday night, a legal team representing FOA sought to lodge a claim for judicial review to challenge the decision to block its bid for Herzog's arrest.
FOA had submitted the arrest warrant application earlier this week on charges of "aiding, abetting or procuring direct and indiscriminate attacks on civilians and civilian objects".
The Israeli president met British Prime Minister Keir Starmer on Wednesday and spoke at the Chatham House think tank. He is understood to be leaving Britain on Friday.
Attorney general says CPS gave false information
MEE understands that Ferguson informed FOA in a letter on Wednesday night that the group's arrest warrant application had been rejected.
He told FOA that Hermer, the attorney general, said Herzog had been given immunity because of his status as head of state of a country.
Ferguson reports to the attorney general, Hermer, who was appointed by Prime Minister Starmer.
But Hermer told the High Court on Thursday evening that Ferguson's letter was wrong, and that he did not say Herzog had been granted immunity.
Hermer said in court that his decision to block the arrest bid was not open to review - and that he would not disclose any reason behind his decision.
Visiting heads of state are conventionally given state immunity during their trips to Britain. Hermer did not clarify whether Herzog was given immunity or not.
MEE has approached the attorney general for comment.
Judge criticises attorney general
FOA's lawyers said in court that the CCP's mistake should have been disclosed before the hearing, since it affected how they could have argued their case.
Justice Chamberlain also said he was disappointed that the attorney general and CCP had not clarified the mistake before the hearing.
He told FOA's lawyers that "I echo your disappointment that that was not made clearer before now."
'This chilling position means a public servant can refuse justice in cases involving genocide and war crimes without ever having to justify their decision'
- Ismail Patel, Friends of Al-Aqsa
MEE understands that the CPS wrote to FOA on Friday apologising "for the error that was made".
FOA chair Ismail Patel told MEE that "there are significant dossiers of evidence" the CPS "has failed to consider", and said FOA sought to challenge the decision to reject the application on that basis.
He added that the attorney general not disclosing the reason for his decison means he is "above scrutiny, beyond accountability, and outside the reach of the public he is meant to serve.
"This chilling position means a public servant can refuse justice in cases involving genocide and war crimes without ever having to justify their decision. It is nothing less than a betrayal of cherished values of fairness, transparency, and the rule of law."
MEE understands that FOA's application referred to remarks President Herzog made in October 2023, when he said that all Palestinians in Gaza were "unequivocally" responsible for the 7 October 2023 attacks on southern Israel.
The group said that some of Herzog's remarks were "repeated by senior Israeli military command conducting a campaign of indiscriminate attacks against civilians and civilian objects in Gaza".
Speaking at Chatham House late on Wednesday, Herzog told attendees that he both "argued" and had points of agreement with Starmer when they met at Downing Street.
News of Herzog's visit to Britain has sparked widespread outrage since Israeli Prime Minister Benjamin Netanyahu is wanted for alleged war crimes by the International Criminal Court - and Herzog himself has backed Israel's war in Gaza, which is now widely condemned as a genocide.
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