Labour has suggested it will not intervene if a UK court rules that an International Criminal Court warrant against the controversial Israeli prime minister is valid.

The ICC, which Foreign Secretary David Lammy last month said the UK ‘supports’, issued the summons for Netanyahu and former defence minister Yoav Gallant, as well as the leader of Hamas , accusing them of crimes against humanity provoked.

Foreign Office minister Hamish Falconer today told MPs that a court process would be followed if any ICC indictee came to the UK.

But shadow foreign secretary said Hamas are ‘celebrating’, as she accused the Government of ‘dithering’.

‘In enacting the International Criminal Court Act 2001, Parliament made clear that the Government cannot enforce an arrest warrant against a serving head of government of a state like Israel that has not agreed to be bound by the Rome Statute.

The warrants against Netanyahu and his former defense minister Yoav Gallant focus on allegations Israel has used food as a weapon in its campaign against Hamas in Gaza, a charge Israeli officials deny.

Experts have warned that hunger has become widespread across Gaza and may have reached famine levels in the north of the territory, which is under siege by Israeli troops.

The action by the International Criminal Court came as the death toll from Israel’s campaign in Gaza passed 44,000 people, according to local health authorities, who say more than half of those killed were women and children.

Their count does not differentiate between civilians and combatants.

Foreign Office minister Hamish Falconer today told MPs that a court process would be followed if any ICC indictee came to the UK.

During an urgent question on the Government’s response to the ICC’s decision, he said: ‘In line with this Government’s stated commitment to the rule of law, we respect the independence of the ICC. We will comply with our international obligations.

‘There is a domestic legal process through our independent courts that determines whether or not to endorse an arrest warrant by the ICC, in accordance with the ICC Act of 2001. This process has never been tested because the UK has never been visited by an ICC indictee, if there were to be such a visit to the UK, there would be a court process and due process would be followed in relation to those issues.

‘There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, two terrorist organisations. This Government has been clear, Israel has a right to defend itself in accordance with international law, that right is not under question, and the court’s approval of the warrants last week do not change that.’

But shadow foreign secretary said Hamas are ‘celebrating’, as she accused the Government of ‘dithering’.

Dame Priti said the arrest warrants ‘will do nothing to help secure the release of those poor hostages who have been held captive by Hamas for over a year, nor will it help to get more aid into Gaza, and it will not deliver a sustainable end to this awful conflict’.

She added: ‘And in charging Israeli leaders alongside Hamas, the ICC appears to be drawing a moral equivalence between Israel’s war of self defence and Hamas terrorism. We utterly reject any moral equivalence.

‘The only beneficiaries of this decision are Hamas and their terrorist sponsors Iran, who are now celebrating this propaganda coup as a great victory for Hamas and Hezbollah. Since the ICC decision, we have had dither from ministers and confused messaging and no clarity. So I’m grateful to the minister today for his remarks.

‘And as to the issue of warrants, we have raised serious concerns over process, jurisdiction and the position on complementarity principle, and believe the warrants of Mr Netanyahu and Gallant have no basis in international law.’

She also said: ‘In the absence of the ICC making public the specific context of the charges, does the minister share concerns expressed about reports of process errors in the ICC’s investigation?’