Is Netanyahu immune from ICC arrest warrant as France claims?

On November 21, the International Criminal Court (ICC) issued apprehension warrants for Israeli Prime Minister Benjamin Netanyahu and his erstwhile defence minister, Yoav Gallant, implicit what it says whitethorn represent their ineligible work for warfare crimes and crimes against humanity perpetrated during Israel’s war connected Gaza.

A flurry of official announcements followed from European leaders stating they would uphold the determination and conscionable their obligations to apprehension the Israeli person should helium measurement ft successful their territories. One notable objection is Hungary, whose person Viktor Orban has promised not to apprehension Netanyahu and has alternatively extended a lukewarm invitation to visit.

Now, France has besides bucked the wide trend.

After initially stating that it would adhere to the ICC statutes, Paris has since suggested that Netanyahu enjoys immunity from the apprehension warrants arsenic Israel is “not a enactment to the ICC”.

“Such immunities use to Prime Minister Netanyahu and different ministers successful question and indispensable beryllium taken into information should the ICC inquire america to apprehension them and manus them over,” a connection by the French Ministry for Europe and Foreign Affairs read.

But does France’s stance clasp up legally? Here is what you request to cognize astir the ICC apprehension warrants:

Is Netanyahu immune from the ICC apprehension warrants arsenic France claims?

No.

Article 27 of the Rome Statute, which established the court, states its rulings “apply arsenic to each persons without immoderate favoritism based connected authoritative capacity” and “in nary lawsuit exempt a idiosyncratic from transgression responsibility”.

France has a work to cooperate with the tribunal nether the Rome statute of the ICC, and “that work of practice extends to giving effect to apprehension warrants”, Yasmine Ahmed, the UK manager of Human Rights Watch, told Al Jazeera.

So, wherefore is France arguing for Netanyahu’s immunity?

The French statement appears to centre astir nonfiction 98 of the Rome Statute, which states that a state whitethorn not “act inconsistently with its obligations nether planetary instrumentality with respect to the … diplomatic immunity of a idiosyncratic … of a 3rd State”.

Some 124 countries person ratified the Rome Statute, but Israel is not a signatory.

William Schabas, a prof of planetary instrumentality astatine Middlesex University, told Al Jazeera that France’s stance could erstwhile person been a “plausible argument”, but the tribunal has already cleared up the ambiguity created by nonfiction 98 regarding non-ICC members successful a 2019 Appeals Chamber ruling.

That lawsuit acrophobic the outstanding apprehension warrant for Sudan’s erstwhile President Omar al-Bashir. Like Israel, Sudan is not a enactment to the Rome Statute. The tribunal concluded, however, that determination is nary caput of authorities immunity nether customary planetary instrumentality – 3rd enactment oregon not.

That means France is nether a ineligible work to travel what the ICC has decided regarding the Israeli premier curate “even if it does not hold with it”, Schabas said.

He warned that France, by suggesting it whitethorn not uphold the ICC ruling, is suggesting “that a authorities tin defy the judgements of the court” and signals a “worrying” improvement for the members of the planetary transgression tribunal.

[Al Jazeera]

If France considers Netanyahu immune, what does it deliberation astir Putin?

In March 2023, the ICC issued an apprehension warrant for Russian President Vladimir Putin implicit alleged war crimes successful Ukraine.

The French authorities welcomed the move, with the Foreign Ministry issuing a connection saying “no one… careless of their status, should flight justice.”

The ICC besides ruled that Mongolia had violated its obligations arsenic a subordinate of the tribunal for failing to apprehension the Russian president during an authoritative sojourn successful August this year.

After the ruling, the French ministry stated successful a quality briefing that “each State enactment to the Rome Statute has an work to cooperate with the ICC and execute the apprehension warrants it issues, successful accordance with the applicable provisions of the Rome Statute”.

Schabas said the opposition successful however France has responded to the apprehension warrants for Putin and Netanyahu has revealed “double standards”.

He noted that it demonstrates that the French statement is not based connected a “legal principle” but alternatively connected who Paris considers a person and who it regards arsenic an enemy.

France’s “selective interpretation” of the Rome Statue sets a worrying precedent, Ahmed told Al Jazeera.

“It undermines the precise intent of the ICC … which was to guarantee that determination is nary impunity, and determination is accountability for the astir superior crimes,” she said.

Russian President Vladimir Putin, connected the reddish carpet left, walks adjacent to Mongolian Foreign Minister of Mongolia, Batmunkh Battsetseg, upon his accomplishment astatine Ulaanbaatar’s International airdrome Chinggis Khaan, September 2, 2024 [Natalia Gubernatorova/Sputnik/Kremlin Pool/AP]

So does this mean Netanyahu tin question to France?

It is improbable that Netanyahu would sojourn the state due to the fact that it remains unclear whether helium would beryllium arrested.

Schabas said that contempt the uncertainty the French authorities has created with its latest statement, the determination astir whether to instrumentality the apprehension warrant yet resides with the French courts.

He noted that arsenic agelong arsenic Netanyahu remains a caput of state, immoderate travel to France would beryllium an authoritative visit, and the authorities is precise improbable to invitation him, fixed that the courts could inactive regularisation that his apprehension warrant is valid.