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An Israeli general wanted for alleged war crimes escaped arrest in the UK because police officers feared an armed confrontation with the airline’s armed air marshals.
Documents detailing why the Metropolitan Police failed to act in their own jurisdiction, despite being in possession of a warrant, have emerged today.
They show that the police were unable to obtain advice as to their right to proceed and feared risks to the public if its officers boarded the plane as well as “the international impact of a potentially armed police operation at an airport”.
Major General Doron Almog had flown to the UK in September 2005 for social and charitable visits to Jewish communities in Solihull, in the West Midlands, and Manchester. The Metropolitan Police, acting to execute a warrant for his arrest issued a day earlier at Bow Street court, had arrived to meet him at the airport, hoping to detain the general at immigration control.
Major General Almog would later tell Israel Army Radio how he came to be tipped off about the impending arrest. “We were about to get off the plane, and then one of the stewards came up to me and said the pilot had asked me to disembark last.'' He waited, then he was told the Israeli military attaché was on his way. "I phoned him and he told me not to get off the plane.''
El Al, Israel’s national airline, refused permission for officers to board and the stand-off continued. For two hours the Metropolitan Police held back from boarding the plane, which then flew straight back to Israel, with Mr Almog and his wife on board. Their failure to arrest the general prompted anger from the lawyers who had obtained the warrant, acting on behalf of Palestinian campaigners, and calls for an investigation. A decisions log prepared for the Independent Police Complaints Commission and seen by the BBC now answers some of the questions that arose over the incident.
Palestinian campaigners had lobbied for the Metropolitan Police to act over allegations that the general had ordered the destruction of over 50 Palestinian homes in the Gaza strip, in retribution for a Palestinian militant attack. Lawyers argued that this contravened the laws of war protecting civilian property.
The Met refused to get involved, citing massive pressures on its counter-terrorism teams in the wake of the July 7 bombings, but the legal team successfully applied to a judge to obtain a warrant for a private prosecution.
Detective Superintendent John MacBrayne, a senior counter-terrorism officer, was in charge of the operation the day the general’s plane came in. As it parked for two hours on the runway, the Det Superint MacBrayne said he could not get confirmation that his team had the right to board the plane.
In his log, he reportedly wrote that as well as El Al refusing them permission to board: “Another consideration (was) that El Al flights carried armed air marshals, which raised issues around public safety.”
He added: “There was also no intelligence as to whether Mr Almog would have been travelling with personal security as befitted his status, armed or otherwise.”
All of these elements raised fears of an armed confrontation, despite the fact that “airside” areas are subject to the general law of the land and aircraft do not constitute the sovereign territory of the foreign nations from which they have arrived. Air marshals and private security guards would have had no right to intervene to prevent the apprehension of the general.
A spokesman for the Independent Police Commission said the review had shed no light on how the Israeli Embassy had learnt of the warrant. Suggestions that officials had been tipped off by the Foreign Office were denied at the time.
The review found that police had not broken rules by failing to board the aircraft to execute the warrant. Their failure to act certainly appears to have averted a major diplomatic incident. When the general arrived back in Israel, the country’s foreign minister Silvan Shalom described the incident as an “outrage”. The UK Foreign Secretary apologised to his counterpart for any embarrassment caused.
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Mr. AccurateInellect: You would prefer a shootout?
Mr. Wang Lin-chung: Try it.
Further evidence that the International Criminal Court is a well-intentioned idea gone bad.
Ben Milam, San Augustine, Texas
A disgusting example of double standards and injustice by the UK Government!
AccurateIntellect, Nottingham,
The UK should be careful.......what if someone decides to arrest British officials for war crimes in Northern Ireland?
Wang Lin-chung, Singapore,
In the information age like this why police officers were not given clear guidelines of how to proceed beforehand.
A.khan, London, U.K
The warrant was nonsense anyway. What could Israel possibly gain by demolishing houses except preventing rocket-fire from them? What's more, this is a tenth rate violation. It is a property destruction, after all, which is far less severe than other things the Israelis are accused of (among other countries).
The issue is the continuum of civilianality where people who arent really fighters, but nonetheless sympathetic, allow the fighters to act from their land and pay the consequences when the IDF rolls in. But whichever path the civilians choose, forcing their hand to harbor or deny the fighter makes for an easier fight.
Michael Mcknight, Tampa, Florida
SUrely, regardless of whether the court had been right to issue the warrant, that fact is we have to arrest the person once the warrant is issued.
They then get the full right of an open and fari hearing here to demonstrate no crime was committed. Something probably not available in Palestine.
Although how Israel is so free and democratic when apparently Arabs are not even allowed to purchase any Israely land is beyond me!?
Dave, Nantwich, Cheshire
All animals are equal but some are more equal than others...
Garry W, London,
Why not issue a warrant for the arrest of Palestinians involved in firing rockets at Israel-gold-plated piffle all the way
peter haller, Berne, switzerland
In the past Hamas officials have visited this country (including a top adviser to Ismael Haniyeh) and yet the british police did nothing despite Hamas being considered by both the US and the EU as a terrorist organisation.
Oliver, York,
I am surprised by the fact that a magistrate court could issue a warrant for private prosecution in a case that is obviously too big for it. Their area of competence is petty crime leading to minor punishments (not more that a year in prison as far as I can remember), not alleged war crimes in a sovereign country.
As I see it, it is a gaping loophole in British law system, and it was skillfully exploited by the Palestinian campaigners' lawyer team.
And my full respect goes to Detective Superintendent John MacBrayne, who, being given an order to arrest a man who is, basically, his comrade-in-arms in fighting terrorism, had the wits and common sense to keep the situation from escalating into a major international conflict between Israel and UK - a conflict that neither country can currently afford.
Mark Shovman, Dundee, UK
There is no right and wrong in this protracted destructive conflict. The moderates on both sides have to agree some sort of peace. The UK government is right to not get involved by taking sides.
C Park, Epsom, UK
I wonder if they'd done the same for other nationals? I doubt it. Whatever the rights or wrongs. The law has to be seen to act fairly and equaly for all. This obviously is not the case here.
Hamad Lone, London, England
It appears that the "Rule of Law" has been shown not to be the same for all of us - had that been me on the plane, I am sure I would have been arrested.
I sympathise with Jews, and the problems faced by the people now living in Israel. But you should read the book "The Ethnic Cleansing of Palestine" by Professor Ilan Pappe of Haifa University to find out how "Israel" was created in 1948 - it does not make happy reading. More than 400 Arab villages were completely destroyed - on purpose - it is very difficult to return to a village that no longer exists. The foundations of these villages are still there - you can go and find them if you want.
Quite a lot of Israeli students were studying the Israeli archives after 1998 - 50 years after the state of Israel was set up, when the archives were opened - but all gave up when intense pressure was put on them to stop - so much for truly "democratic" freedoms in Israel. Professor Pappe was the only one to keep going, despite the threats.
George Taylor, Oxford, UK
It's easy for you to be comfortable, complacent and friendly to terrorists, the rockets are'nt landing on your soil or homes or children. Shame on everyone of you apologists. The sad humiliating plight of the palistinians is of their own making. They could have had a country a decade ago. Who was it that closed the gazan border with egypt a short time ago? It was egypt, not Isreal. Who says they want the destruction of the Jewish state hamass and and iran and possibly you apologists.
Clay, Theresa,
And our Foreign Secretary APOLOGISED for any embarrassment........YE GODS so what value an arrest warrant then for an alleged criminal. YES THE COURTS should have decided. THIS IS THE UK govt backing terrorism!
antony carter, Reading, UK
Would they have let him fly away if he had been a suspect from a Muslim country? I think not.
Peter Higgins, London, UK
Everyone is inocent until a sentence is issued.
Who said this general is guilty?
What judge took care about this?
England should avoid loosing time with false alegations.
Ingvar Karlsen, Rio de Janeiro, Brazil
The Jew has stood and will stand at the grave of all his enemies.
The real war criminals run Ghaza.
David, Warton,
Who's running our country?
andre, hertford, herts
Another, perhaps greater, factor is pressure from the US which feared that its military might also be subject to an arrest warrant in the UK if its members stopped off on their way back from Iraq. Arresting Almog would set a dangerous precedent. Has the Government changed the law so that such a warrant could only be applied for by the Attorney-General, as an executive political rather than judicial decision?
tim makepeace, leeds,
This would have been a major international embarressment given that Israel has the right to defend itself. If the Palestinians had any sense (doubtful anyway), they would demand one man one vote in a unitary state including Israel - thereby calling the Jewish homeland's bluff.
Arnold Ward, Weybridge, Surrey, UK
Plausable deniability is a wonderful thing.
Scott, Durham, NC, USA
"This was an outrageous affair which clearly demonstrates the extent to which politics is devaluing the fabric of British law and practice."
Absolutely. The fact that a political group can push British law system into areas way outside its jurisdiction is appauling.
Mark Shovman, Dundee, UK
It should be easy to find out where the tip off came from,LIST the ones who new, about the operation, and go from there,THE PLANE WAS ON ARE SOIL.never happen in america,another example of are pathetic leaders.?
r gane, trowbridge, wiltshire
Nothing surprises me about the Met any more. What a farce.
philip, cambridge,
Can you imagine the Israelis having the same concerns if it happened there ?
Bill Atkins, Rehoboth Beach, USA
There was an arrest warrent for war crimes, it is up to the court to deceide if he is guilty, however the plane should not been allowed to leave with him on board. At errorist nation backed by the Americans, but a blind eye is being turned.
Mike, Paphos, Cyprus
Absolutley outrageous, and a clear demonstration of the hold the Israelis have over this country. Is Jack Straw apologising for the legal actions of a British court, and British police officers? Will the counter-terrorist officers hold back from arresting any potential terrorists due to the fear of a shootout?
Abu Haadiya, Bradford, UK
This was an outrageous affair which clearly demonstrates the extent to which politics is devaluing the fabric of British law and practice. There was nothing to stop the Police detaining the aircraft and using Police negotiators to reach an outcome. If that had failed a judge in chambers could quickly have issued arrest warrants in respect of any crew members who continued to obstruct the Police in the lawful exceution of their duties to the Courts.
Robert El-Cid, Hull., East Yorks.,
"One day, the truth will be told and someone will have to say sorry to Israel."
Wonderkid, Oxford, England
Wonderkid, fascinating comments, but your attempt to absolve Israel of responsibility for the unacceptable just does not wash. If Israel is owed an apology, Israel owes many apologies.
Phosgene, London, UK
The fact that there is speculation that the Israeli embassy was tipped off by the FCO is in no way surprising at all. What is most alarming is the power which certain countries seem to have. Had this happened with another country I'm certain the flight would not have been given permission to take off/refused refueling, the pilots would have been arrested and the airline banned and refused landing rights in the UK. Even more alarming is the fact that nothing was done in the face of these pilots willingness to fire and possibly kill British officers. Just imagine the political implications of such an event had it been Afghanistan, Russia or Iran??
George, Manchester ,
Arresting a representative of those who are in the vanguard against radical Islamic terrorism every day of the week would have been a massive own goal for the UK. Nothing new there, then.
Charles Smyth, Belfast, Northern Ireland
If British police are excluded from a plane on British soil as they seek to execute a duly issued British warrant, then we have a very serious affront to Her Majesty's justice. I can see no reason to allow El Al to enjoy landing rights in the UK ever again, at least until it accepts the basic rules of territorial jurisdiction. And whoever leaked this to the Israelis must be pursued for contempt of court.
Johnson, London,
Excuse me, this general did nothing wrong! Let's see now: a) We use aircraft to bomb the Taliban, and no one complains - and the Taliban are not lobbing rockets into our cities. b) We (and the Germans) bombed civilian areas of each others cities - where are the glossy PR photos of injured kids or crying mothers? Nowhere, we never stooped so low, we were at war! c) The Israelis could have used aircraft to bomb the 'homes' where the rockets or terrorists where located, but to avoid casualties, they kindly demolished the buildings - risking their own lives. Funny how the most ethically run army in the world is so poorly portrayed by the fantastic Middle Eastern PR machine. And PR is what this is all about. One day, the truth will be told and someone will have to say sorry to Israel.
Wonderkid, Oxford, England
If El Al refused British Security forces to board the aircraft, their flights should be banned from British airports henceforth. That their pilots should be able to defy a Police request in Britain and that British Police feared being involved in an armed confrontation with Israeli air marshals,in itself poses a huge security risk.
Patrick, The Hague, London
What a nonsense!
No plane can start without permission.
Peter Vernunft, Berlin, Germany
What were the British courts planning to do anyway? The proper place to be tried, if a trial is what the Palestinians want, is Israel. It's democratic. It has a legal system, based on the British system. Military men are tried there and sentenced to prison, if necessary. The same cannot be said, unfortunately, for the Palestinian territories, where bribery and corruption are commonplace.
David Jones, Key West, USA