Position on Benyamin Netanyahu’s immunity from the ICC

Position on Benyamin Netanyahu’s immunity from the ICC
Position on Benyamin Netanyahu’s immunity from the ICC

The French government has affirmed that the immunity of Israeli Prime Minister Benjamin Netanyahu must be respected in accordance with international obligations, notably the Rome Statute. The latter requires full cooperation with the International Criminal Court (ICC), according to a press release from the Ministry of Europe and Foreign Affairs published this Wednesday.

The text indicates, however, that a State cannot be forced to act in violation of its international obligations regarding the immunities of States not parties to the ICC. This clause applies not only to Netanyahu but also to his ministers, the ministry said. In the event of a request for arrest by the ICC, these immunities must be considered.

The Quai d’Orsay also highlights the historic friendship between and Israel, two democracies committed to the rule of law and independent justice. aspires to continue its collaboration with Netanyahu and the Israeli authorities in favor of peace in the Middle East.

During his intervention on franceinfoTV, the Minister of Foreign Affairs, Jean-Noël Barrot, reiterated France’s attachment to global justice while emphasizing that the statute of the court concerns the immunities of specific leaders. He clarified that this will ultimately be a matter for the judgment of the judicial authority.

The ICC recently issued arrest warrants for Netanyahu, former Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif for war crimes and crimes against humanity in the Gaza Strip. Although Israel is not a member of the ICC, and the United States has withdrawn from it, European countries such as Italy and the United Kingdom have expressed their intention to follow these mandates.

The Israeli-Palestinian conflict, ignited on October 7, 2023 by a Hamas attack, led to an Israeli military intervention in the Gaza Strip. This response caused devastating human losses, with more than 45,000 deaths and an injury toll exceeding 104,000, resulting in widespread destruction.

In this context, South Africa filed an action before the International Court of Justice to accuse Israel of genocide in Gaza.

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