Under the Rome Statute – the treaty that established the ICC – all 124 member states are obligated to arrest the two Israeli officials and transfer them to the court.
Shortly after the International Criminal Court (ICC) issued arrest warrants for Benjamin Netanyahu and Yoav Gallant, the EU’s foreign policy chief, Josep Borrell, emphasized their significance.
“These decisions are binding on all states party to the Rome Statute, which includes all EU member states,” Josep Borrell posted on X.
I take note of the decision of the @IntlCrimCourt to issue arrest warrants for Israel PM Netanyahu, former Minister Gallant, and Hamas leader Deif.
These decisions are binding on all States party to the Rome Statute, which includes all EU Member States.
— Josep Borrell Fontelles (@JosepBorrellF) November 21, 2024
Under the Rome Statute – the treaty that established the ICC – all 124 member states are obligated to arrest the two Israeli officials and transfer them to the court. This includes several of Israel’s close allies, such as the UK, France, Germany, and Hungary.
While the ICC lacks direct enforcement powers, it depends on member states’ cooperation to apprehend and hand over suspects.
Despite signing the Rome Statute in 1998 and ratifying it in 2000, Germany stated it would “carefully examine” the ICC’s arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Chief Yoav Gallant.
“I find it hard to imagine that we would make arrests on this basis,” said government spokesman Steffen Hebestreit on Friday, according to Reuters news agency.
Hungary’s Prime Minister Viktor Orban on Friday went even further, inviting Netanyahu to visit the country, Reuters reported.
Orban called the arrest warrants a “brazen, cynical and completely unacceptable decision”.
#Hungary PM’s stances shows deliberate disdain to civilians, rule of law & int’l rules.
Such statements are a disgrace to EU’s principles & a disservice to justice. @VonDerLeyen should make clear #EU won’t less this happen without serious consequences.https://t.co/QZ9BS02YjI pic.twitter.com/egQFsaVesq
— Philippe Dam (@philippe_dam) November 22, 2024
“Today I will invite Israel’s prime minister, Mr. Netanyahu, for a visit to Hungary and in that invite I will guarantee him that if he comes, the ICC ruling will have no effect in Hungary, and we will not follow its contents,” Orban reportedly said.
Austria’s Foreign Minister Alexander Schallenberg also criticized the ruling, saying it was “utterly incomprehensible.”
“The #ICC decision to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant is utterly incomprehensible. International Law is non negotiable and applies everywhere, at all times. But this decision is a disservice to the Court‘s credibility,” he said.
The #ICC decision to issue arrest warrants for Benjamin Netanyahu and Yoav Gallant is utterly incomprehensible. International Law is non negotiable and applies everywhere, at all times. But this decision is a disservice to the Court‘s credibility.
— Alexander Schallenberg (@a_schallenberg) November 21, 2024
‘Bound to Do So’
Other countries, such as Italy and the Netherlands, expressed their intention to comply with the court’s decisions.
Guido Crosetto, Italy’s defense minister, reportedly told RAI television that it was “wrong” to place Netanyahu and Gallant on the same level as Hamas, but added that if the pair were to enter Italy, “we would have to arrest them.”
As a member of the ICC, Italy was bound to do so, he said.
‘Int’l. Justice on Our Side’ – Reaction to ICC Arrest Warrants
The Netherlands also said it would comply with the arrest warrant, with Dutch Foreign Minister Caspar Veldmark saying that “the Netherlands implements the Rome Statute 100 percent.”
He added that the Netherlands would do so “in principle.” He has reportedly canceled a visit to Israel.
France said its reaction to the arrest warrants would be in line with the court’s statutes, according to France24 news.
The foreign ministry spokesman, Christophe Lemoine, however, declined to say whether France would arrest Netanyahu if he came to the country. “It’s a point that is legally complex so I’m not going to comment on it today,” he reportedly said.
Full Support
Some EU countries fully supported the ICC’s decision to issue the arrest warrants.
Asked whether Netanyahu would be arrested if he should enter Ireland, the country’s Prime Minister Simon Harris reportedly said “Yes absolutely. We support international courts and we apply their warrants.”
BREAKING:
Ireland urges full support for the International Criminal Court (ICC), and calls for urgent action to uphold its mission:
“The situation in Gaza could not be more desperate, is an affront to humanity and cannot be allowed to continue a moment longer.”
—Irish PM 🇮🇪 pic.twitter.com/C1BAQzgjik
— sarah (@sahouraxo) November 21, 2024
“Ireland respects the role of the International Criminal Court. Anyone in a position to assist it in carrying out its vital work must now do so with urgency,” Harris previously said in a statement.
Belgium also stressed that it supported the work of the ICC.
“The fight against impunity wherever crimes are committed is a priority for Belgium, which fully supports the work of the ICC,” the country’s foreign ministry said. “Those responsible for crimes committed in Israel and Gaza must be prosecuted at the highest level, regardless of who committed them.”
The fight against impunity wherever crimes are committed is a priority for Belgium, which fully supports the work of the @IntlCrimCourt.
Those responsible for crimes committed in #Israel and #Gaza must be prosecuted at the highest level, regardless of who committed them. pic.twitter.com/HgruPgPDqp
— 🇧🇪 Belgium MFA (@BelgiumMFA) November 21, 2024
For her part, Spanish Labour Minister Yolanda Diaz posted on X: “Always on the side of justice and international law, the genocide of the Palestinian people cannot go unpunished.”
Siempre del lado de la justicia y el derecho internacional. El genocidio del pueblo palestino no puede quedar impune. https://t.co/thfW1f0VLN
— Yolanda Díaz (@Yolanda_Diaz_) November 21, 2024
The Guardian newspaper cites a source within Spain’s foreign ministry as saying that Madrid “respects the decision of the international criminal court and will fulfill its commitments and obligations with regard to the Rome statute and international law.”
Slovenia also announced its commitment to abiding by the ICC’s decision.
“Slovenia respects the decision of the ICC regarding arrest warrants for alleged war crimes and crimes against humanity and will fully comply with it,” Prime Minister Robert Golob reportedly said.
‘Hypotheticals’ – UK
According to the British newspaper The Guardian, a spokesperson for the British prime minister, Keir Starmer, said the UK “respects the independence of the ICC” but there was “no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organizations”.
The spokesperson did not say whether Britain would execute the warrants, said the report.
For its part, Politico quoted a spokesperson for Starmer as saying: “We are not going to get into hypotheticals.”
Will Netanyahu be arrested if he comes to the UK?
“That’s not a matter for me…”
“The UK is a signatory of the ICC, don’t we have to respect its ruling?”
“… it wouldn’t be appropriate for me to comment”
So that’s a no then.pic.twitter.com/wbtuRxaBQE
— Esheru (@EsheruKwaku) November 22, 2024
British home secretary, Yvette Cooper, earlier on Friday said “it wouldn’t be appropriate” for her to comment on whether Netanyahu would be arrested if he visited the UK.
(The Palestine Chronicle)
