Benjamin Netanyahu’s position as Israeli prime minister does not protect him from criminal prosecution for international crimes, says Geert Jan Knoops, professor of international criminal law at Utrecht University.

This is based on the precedent established in 1999, when the British House of Lords rejected the immunity defence of the late General Augusto Pinochet of Chile, after Spain requested his extradition from the UK for alleged torture of political prisoners.

However, says Knoops, “extradition is only permissible in the event of a treaty basis. Therefore, Dubai can only apply for extradition of the Israeli PM in case an extradition treaty exists between these states.”

Israeli officials remained silent on Wednesday in the wake of the announcement by Dubai police that they will seek the arrest of Netanyahu and the head of its spy agency, Mossad chief Meir Dagan, over the Dubai murder of a top Hamas militant.

Police chief Dahi Khalfan has said he is "almost certain" Israeli agents were involved in the killing of Hamas commander Mahmoud al-Mabhouh at a Dubai hotel in January. He also said Mossad had "insulted" Dubai and Western countries whose fraudulent passports were used by suspects in the assassination.

Extradition
However, further proof is reportedly needed before extradition proceedings against Israel’s government officials can begin: “Dubai needs to produce evidence that is more than speculation”, says Yoram Shachar, professor of international law at the Radzyner Law School, Herzlia. “This is common to the law on extradition anywhere in the world [...] there is a limit to what extradition can do.”

Knoops seconds this view: “Israel only allows extradition of its citizens under certain conditions.” Further, he says, “Israel may refuse extradition of one of its citizens in case Dubai can not ensure a fair trial under international human rights treaties.”

No confirmation
Neither Prime Minister Benjamin Netanyahu's office nor the foreign ministry would comment on Khalfan's order for arrest warrants against Netanyahu and Dagan. Israel has not confirmed or denied the accusations, although opposition leader Tzipi Livni has praised the killing as "good news for those fighting terrorism."

The affair has caused a diplomatic storm with the countries whose passports were allegedly used by al-Mabhouh’s assassins, including Britain, Ireland, Australia, France and Germany. Residents of Israel with the same names as the suspects have said their identities appear to have been stolen.

The British embassy in Tel Aviv said Thursday that visiting detectives of the UK Serious Organised Crime Agency had begun questioning dual nationals whose names appeared on passports Dubai said were used in the January killing. Embassy spokesman Rafi Shamir told AFP that detectives met the first of "about ten" subjects on Monday and were continuing to carry out interviews during the week.