France has claimed that immunity for prosecution at the International Criminal Court (ICC) applies to Israeli Prime Minister Benjamin Netanyahu.
In a statement on Wednesday, the foreign ministry said France “will comply with its international obligations, it being understood that the Rome Statute demands full cooperation” with the ICC.
Adding that it “also stipulates that a State cannot be required to act inconsistently with its obligations under international law with respect to the immunities of States not party to the ICC.”
“Such immunities apply to Prime Minister Netanyahu and the other ministers concerned and will have to be taken into account should the ICC request of us their arrest and surrender,” the ministry claimed.
‘Close Cooperation’ with Israel
The ICC issued arrest warrants last Thursday for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges of “crimes against humanity and war crimes,” compelling the ICC’s 124 member states to arrest them should they enter their territory.
#Israel – International Criminal Court (27 November 2024)
➡️ https://t.co/gvjdwr1OrQ pic.twitter.com/AERc18KNvB
— France Diplomacy 🇫🇷🇪🇺 (@francediplo_EN) November 27, 2024
France said that “in accordance” with its “long-standing friendship” with Israel, it “intends to continue working in close cooperation with Prime Minister Netanyahu and the other Israeli authorities to achieve peace and security for all in the Middle East.”
The government had initially said its reaction to the arrest warrants would be in line with the court’s statutes, according to France24 news. Still, it declined to say at the time whether it would arrest Netanyahu as it was “legally complex.”
‘A Disgrace’
Green Party leader Marine Tondelier called the decision by France on Wednesday “a disgrace.”
“This is what you call a nice backpedal … France is once again bowing to Benjamin Netanyahu’s demands by choosing him over international justice,” Mondelier said on X.
“We are sweeping away international justice and the multilateral system that we have patiently built up over decades. But also, quite simply, what international credibility we have left. It’s tragic,” she added.
Ce communiqué de la diplomatie française est une honte.
C’est ce que l’on appelle un beau rétropédalage.
Et je crains bien de comprendre pourquoi.
La France se plie une fois de plus aux exigences de Benjamin Netanyahu en le choisissant lui plutôt que la justice internationale.… https://t.co/JG91OYpZQ4
— Marine Tondelier (@marinetondelier) November 27, 2024
Amnesty International on Wednesday slammed France’s stance as “deeply problematic,” said France24.
“Rather than inferring that ICC indictees may enjoy immunity, France should expressly confirm its acceptance of the unequivocal legal duty under the Rome Statute to carry out arrest warrants,” the president of Amnesty International France, Anne Savinel Barras, said.
‘Obligation’
ICC spokesman Fadi El-Abdallah on Monday called on its member states to cooperate in implementing the arrest warrants for Israeli officials and also advised that non-member states could cooperate on a voluntary basis.
‘Obligation’ – ICC Urges Member States to Comply over Arrest Warrants
“States that are parties to the ICC Rome Statute have an obligation to cooperate with the ICC, according to Chapter Nine of the statute,” El-Abdallah said, according to the Middle East Monitor (MEMO), citing the official Palestinian news agency WAFA.
“States that are not parties to the ICC can cooperate on a voluntary basis if they want to,” El-Abdallah added.
‘No Pick and Choose’
Earlier, the European Union’s Foreign Policy Chief Josep Borrell said that EU member states were obliged to carry out the arrest warrants.
“The states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional,” Borrell said.
Dutch Parliament Adopts Motion to Enforce ICC Arrest Warrants
He emphasized that the ICC’s “decisions are legally binding: there is no pick & choose. Threats against it are unacceptable, incl. from US Senate.”
The White House and Israel have rejected the ICC’s decision, with US President Joe Biden slamming it as “outrageous” and Netanyahu calling it “antisemitic.”
For his part, US Republican Senator Lindsey Graham threatened to sanction US allies if they enforce the warrants.
(The Palestine Chronicle)
