ICC arrest warrant against Netanyahu: France evokes the “immunity” of the Israeli Prime Minister

France clarifies its position. A few days after the arrest warrant issued by the International Criminal Court (ICC) against Israeli Prime Minister Benjamin Netanyahu, French diplomacy spoke of the“immunity” from which the Israeli Prime Minister could benefit, as leader of a state not party to the ICC.

“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.”was highlighted in a press release from the Quai d'Orsay, this Wednesday, November 27.

Clarifications

The press release completed a position mentioned earlier in the morning by the Minister of Foreign Affairs, Jean-Noël Barrot. “France is very attached to international justice and will apply international law, which is based on its obligations to cooperate with the ICC”he declared on franceinfoTV, while emphasizing that the status of the court “addresses questions of immunity on certain leaders”.

The minister thus referred to article 98-1 of the Rome Statute, the text at the origin of the International Criminal Court and which the various States must ratify to be considered as States parties to the ICC. This article addresses the question of the immunity of leaders of countries not recognizing the court, but remains open to various interpretations. For Jean-Noël Barrot, “It is ultimately up to the judicial authority to decide.”

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Following the arrest warrant targeting Benjamin Netanyahu for war crimes and crimes against humanity, France reiterated that it would apply its obligations under international law. However, the French state had not clearly said whether it would arrest the Israeli Prime Minister if he came to France. This announcement thus makes it possible to clarify France's position.

Other countries immediately indicated that they would implement the arrest warrant, like Italy and the United Kingdom. These states immediately made it known that they would respect their commitment to the ICC. Furthermore, in a press release on Tuesday, the G7 countries, of which France is a member, assured that they would respect their obligations “respective” opposite the court.