Concerning the ICC arrest warrant against Benjamin Netanyahu, France considers that he benefits from “immunity”

The Quai d'Orsay released a press release on Wednesday, November 27, concerning the arrest warrant issued by the International Criminal Court (ICC) against the Israeli Prime Minister, affirming that, according to France, Benyamin Netanyahu benefits from immunity. This, while an article of the Rome statute establishing the ICC addresses the question of the immunity of leaders of countries not recognizing the Court, but remains open to various interpretations.

“France will respect its international obligations, it being understood that the Rome Statute requires full cooperation with the ICC and also provides that a State cannot be required to act in a manner inconsistent with its obligations under international law in regarding the immunities of States not parties to the ICC »writes the Ministry of Foreign Affairs. The Quai d'Orsay goes on to assert that “Such immunities apply to Prime Minister Netanyahu and other relevant ministers and will need to be taken into consideration should the ICC request their arrest and surrender.”

Asked earlier Wednesday morning on Franceinfo about the possibility of an arrest in France of the Israeli Prime Minister, the head of French diplomacy, Jean-Noël Barrot, had mentioned possible “immunity issues” pour “certain leaders” provided for by the Treaty of Rome.

Unclear position

“France is very attached to international justice and will apply international law, which is based on its obligations to cooperate with the ICC”replied Mr. Barrot, while emphasizing that the statute of the court “deals with questions of immunity of certain leaders”. “It is ultimately up to the judicial authority to decide”he added.

On November 21, the ICC issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant, as well as against the head of the armed wing of Hamas, Mohammed Deif, for war crimes. and crimes against humanity.

Since the announcement of the arrest warrant targeting Mr. Netanyahu, France has repeated that it will apply its obligations under international law, but without clearly saying whether it would arrest the Israeli Prime Minister if he came to France.

A position more vague than that of other countries, such as Italy and the United Kingdom, which have declared that they would be forced to arrest the Israeli head of government if he came to their soil. In a press release on Tuesday, six of the G7 member countries, including France, (Italy, Canada, Germany, Japan, United Kingdom) affirmed that they would respect their obligations “respective” vis-à-vis the court – while the United States does not recognize the ICC.

The leader of the Ecologists, Marine Tondelier, described ” shame “ the position of the Quai d'Orsay. “France is once again complying with the demands of Benjamin Netanyahu by choosing him rather than international justice”she denounced on Wednesday on X, after the publication of the press release.

“Surely it was the “deal” for France to be cited in the official announcement of the ceasefire in Lebanon published jointly by France and the United States yesterday”added Marine Tondelier. “Isn’t it more like “impunity”? »for his part, the coordinator of La France insoumise Manuel Bompard was indignant on the social network.