The ax fell, and since then, the debate has focused on the consequences of the decision. The International Criminal Court (ICC) issued an arrest warrant on Thursday against Israeli Prime Minister Benjamin Netanyahu for “crimes against humanity and war crimes committed since October 8, 2023, and at least until May 20, 2024” in Gaza. His former Defense Minister Yoav Gallant is also targeted.
The 124 States Parties having signed and ratified the Rome Statute of the ICC are now legally bound to arrest the Israeli Prime Minister if he enters their soil. “Legally, it’s clear. The State party has the obligation to arrest him and hand him over to the ICC, comments Jeanne Sulzer, lawyer specializing in international criminal law. There is no immunity for sitting heads of state. It is up to States to apply what they have signed. »
This framework greatly reduces the Likud president's room for maneuver. “If he has traveled several times outside Israel to signatory countries of the Treaty of Rome since the start of the investigation,” recalls Sarah Coquillaud, a prosecutor specializing in international criminal law, “it is unlikely that he will take the risks being arrested if they reoffend. » Especially since the countries concerned would be “reluctant to find themselves in such a position now that the mandates are out. »
Europe, too risky a destination despite Hungary?
In Europe, all EU members are state parties to the ICC. Only hole in the racket, Hungary. Despite his country's state party status, Prime Minister Viktor Orbán invited Benjamin Netanyahu to contest the issuance of the mandate.
“Moving there is doable, but complicated. We would have to cross the airspace of certain States parties,” says Mathilde Philip-Gay, professor of law specializing in the responsibility of heads of state.
Especially since the sympathy of an allied leader does not prevent the application of the mandate by the national justice system. “The invitation issued does not cancel out the risk of arrest by a few independent judges, even if it is more perilous without the support of leaders,” continues our expert.
Argentina, a destination too risky despite the support of Javier Milei?
Another continent, same problem: Argentina. The country is a state party to the ICC, like all of Latin America. But its president Javier Milei expressed his “deep disagreement” with the decision.
From there to seeing Benyamin Netanyahu visit Buenos Aires? According to Mathilde Philip-Gay*, we must refer to the Vladimir Putin case, also the subject of an ICC arrest warrant since March 2023, to shed light on the current situation.
“Since his indictment, Putin has been invited to Brazil, Mexico, South Africa. He announces himself, but ultimately does not come. Because he knows that these countries have a relatively independent justice system, and that the mandate could be carried out. »
The only (measured) risk taken by the head of the Kremlin was a trip to Mongolia in September. Since then, the case of this State Party, which has therefore not executed the arrest warrant, has been discussed at the Assembly of States Parties with a view to possible sanction.
The United States, a trip without any risk
Benyamin Netanyahu remains able to travel without danger to a state not party to the ICC. As with its greatest ally, the United States, American President Joe Biden having also deemed the arrest warrant “scandalous”. Overall, “Benyamin Netanyahu’s travels will become difficult,” concludes Sarah Coquillaud. Or even impossible.”
*author of the book “Can we judge Putin? » (Albin Michel editions)
