Herzog Complaint: Police fail to act and CPS issues weak rejection on purported evidential grounds

On 10 September 2025, alongside the European Legal Support Center (ELSC) and Stop the War Coalition, both represented by Paul Heron of the Public Interest Law Centre, jointly with the Hind Rajab Foundation (HRF), represented other UK lawyers, filed a criminal complaint in the UK against Israeli President Isaac Herzog.

The groups sought an arrest warrant for grave breaches of the Geneva Conventions, citing Herzog’s role in Israel’s war on Gaza.

The complaint followed a formal notification on 9 September 2025 to the Metropolitan Police, the Crown Prosecution Service (CPS), and the Attorney General’s Office of their intention to pursue legal action. A detailed case summary was submitted, setting out evidence of Herzog’s direct and accessory involvement in war crimes and crimes against humanity.

The dossier highlighted Herzog’s public statements erasing civilian protection, his denial of famine in Gaza despite overwhelming UN documentation, and his visits to Israeli military sites, including Nahal Oz and Gaza, coinciding with destructive military campaigns such as Operations Oz and Nir. According to the complainants, this evidence shows his complicity in policies of starvation, systematic destruction, and mass civilian harm.

Yet despite the weight of evidence, the UK authorities have declined to act. The Metropolitan Police have not arrested Herzog nor explained their inaction. Worse still, on the evening of 10 September 2025 a CPS lawyer, writing for the Director of Public Prosecutions (DPP), rejected the complaint and blocked the application for permission to seek a judicial arrest warrant. The CPS cited “insufficient admissible evidence” as the reason.

The organisations involved have condemned this response as “deeply flawed and legally unsustainable.” On their behalf we argue that much of the evidence is already admissible, particularly Herzog’s own recorded statements, and that any gaps could easily be addressed through a minimal investigation.

Moreover, CPS policy requires that, where consent is refused on evidential grounds, clear written directions must be provided on how admissibility could be achieved. In this case, no such guidance was given. For the complainants, this omission underscores the failure of the authorities to take their obligations seriously.

The legal groups have renewed their request to the Metropolitan Police’s War Crimes Unit (SO15) to arrest Herzog, regardless of any immunity claims. Under Article 146 of the Fourth Geneva Convention, the UK is obliged to “seek out and prosecute” individuals suspected of grave breaches when present on its territory. To turn a blind eye to Herzog’s visit, while hiding behind questionable evidential arguments, is in their view a dereliction of international and domestic legal duties.

We have now written again to both the Police and CPS, pressing for urgent reconsideration. They emphasise that this case is not a symbolic gesture but a concrete demand for accountability at a time when impunity for international crimes is rampant.

The Public Interest Law Centre, ELSC, Stop the War Coalition, also the HRF and their lawyers remain committed to pursuing accountability. In our view, the rule of law cannot be selective, nor can justice be deferred when crimes of such gravity are alleged. We vow to continue pressing the UK authorities and the Metropolitan Police’s War Crimes Unit to ensure Herzog and others are held responsible for their actions.

(Blog image credited to @Banksy Instagram)