Israel’s Netanyahu Assumed to Have Immunity from ICC Warrant, France Says

Israel’s Netanyahu Assumed to Have Immunity from ICC Warrant, France Says

France has declared its belief that Israeli Prime Minister Benjamin Netanyahu enjoys immunity from prosecution by the International Criminal Court (ICC), which seeks his arrest for alleged war crimes in Gaza. This stance stems from the fact that Israel is not a signatory to the court’s statutes.

Ceasefire Mediation and France’s Position

France’s position on Netanyahu’s immunity emerged a day after a ceasefire was brokered between Israel and Lebanese armed group Hezbollah by the United States and France. The move drew criticism from human rights organizations, while other nations, including Italy, also raised concerns about the legality of the ICC’s mandate.

France’s Commitment to Netanyahu

Despite expressing adherence to the ICC statutes initially, France’s Foreign Ministry subsequently issued a modified statement amidst concerns that Israel’s cooperation in the Lebanon ceasefire could be jeopardized. The ministry acknowledged that the ICC’s decision merely formalized an accusation.

Rome Statute and State Immunities

The French Foreign Ministry cited the Rome Statute, which established the ICC, as providing that nations cannot be compelled to act in ways that contravene their obligations regarding state immunities for non-ICC signatories. The ministry emphasized that such immunities extend to Netanyahu and other pertinent ministers and must be considered if the ICC requests their arrest.

France and Israel’s Historic Ties

The French ministry statement alluded to the longstanding friendship between the two democracies and their shared commitment to the rule of law. It affirmed that France remained dedicated to working in collaboration with Netanyahu and Israeli authorities towards achieving peace and security in the Middle East.

Human Rights Groups’ Condemnation

Rights groups have denounced France’s response, suggesting that it was moderated to preserve working relations with Netanyahu’s government. Andrew Stroehlein, European media director at Human Rights Watch, decried the stance, emphasizing that official capacity does not confer immunity from ICC arrest warrants. Amnesty International likewise criticized France’s position, calling it “deeply problematic” and arguing that France should unequivocally acknowledge its obligation to execute arrest warrants under the Rome Statute.