The Guardian is reporting that an Israeli general, subject to an arrest warrant on war crimes charges for taking reprisals against civilians in retaliation for a terrorist attack, was tipped off and escaped England without being arrested.

Scotland Yard was thwarted yesterday in its attempt to seize a former senior Israeli army officer at Heathrow airport for alleged war crimes in occupied Palestinian lands after a British judge had issued a warrant for his arrest.

British detectives were waiting for retired Major General Doron Almog who was aboard an El Al flight which arrived from Israel yesterday. It is believed he was tipped off about his impending arrest while in the air and stayed on the plane to avoid capture until it flew back to Israel. Scotland Yard detectives were armed with a warrant naming Mr Almog as a war crimes suspect for offences that breached the Geneva conventions. . . .

Despite the alleged offences occurring in the Gaza Strip, war crimes law means Britain has a duty to arrest and prosecute alleged suspects if they arrive in Britain. The warrant alleges Mr Almog committed war crimes in the Gaza Strip in 2002 when he ordered the destruction of 59 homes near Rafah, which Palestinians say was in revenge for the death of Israeli soldiers. The warrant was issued by senior district judge Timothy Workman after an application by lawyers acting for Mr Almog’s alleged Palestinian victims. According to legal sources, before granting the warrant Mr Workman decided his court had jurisdiction for the offences; that diplomatic immunity did not apply; and there was evidence to support a prima facie case for war crimes.

A few observations intrude here: several years ao, England also released the repulsive Chilean mass-murderer and military dictator Augusto Pinochet (after Margaret Thatcher personally congratulated him on the coup in which elected President Salvador Allende was killed and Pinochet installed as unelected President for over 20 years, saying “I know very well it was you who brought democracy to Chile”); Pinochet was held on war crimes charges but released by the British government as “medically unfit for trial”, after which he was noted springing enthusiastically off his plane in Chile. Now Almog somehow finds out about a British government warrant while his plane is in the air and is then allowed to remain on board the plane and return to Israel. This means that someone with knowledge of the warrant had to contact Almog in-flight, and that the British government refused to pull him off the plane when it landed. This makes at least twice that a right-wing military figure, accused of violent attacks on civilians, has “miraculously” slipped through the fingers of the British government when the British courts stood ready to do their duty under international treaties that the UK is supposedly bound by.

As for the plane business, I don’t know the legalities here, but it surprises me that a wanted criminal can simply sit on a plane on British territory and claim that he is immune to arrest. I didn’t think that foreign aircraft in transit were regarded as sovereign territory (I may be wrong here). The US, certainly, has claimed the right to arrest foreign nationals who are simply changing planes at an international air terminal inside the US, without clearing customs into the country; how does merely being on the plane grant some sort of magical immunity? And are they telling us that any regular citizen can just sit on a plane, refuse to leave, and be immune to arrest in a foreign port - or would be allowed to do so? I don’t think so. (Note also that El Al is the Israeli national carrier, meaning that the plane crew could have put Almog off the plane, in obedience to a valid arrest warrant, if the Israeli government had been willing to obey the law. That they did not demonstrates - entirely unsurprisingly, of course - that Israel acted to protect an accused criminal in its own defense forces against a valid arrest warrant of an ally nation.) It seems as if the law doesn’t apply if you’re (a) “anti-terrorist” and (b) a friend of the government.