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Israeli Prime Minister Benjamin Netanyahu is protected from prosecution at the International Criminal Court by provisions, the French foreign ministry announced Wednesday.France claims that Netanyahu is immunity to ICC warrants
It claimed that the Israeli leader was protected by immunity laws that are applicable to non-ICC states. Israel does not belong to the ICC.
Regarding the immunities afforded to governments that are not parties to the ICC, a state cannot be held to act in a manner that is inconsistent with its duties under international law, according to the French statement.
In the event that the ICC requests that we detain and turn over Prime Minister Netanyahu and the other ministers in issue, such immunities must be taken into account, the statement stated.
Foreign Minister Jean-Noel Barrot had already stated earlier on Wednesday that France believed certain leaders could be exempt from ICC prosecution.
Jean-Noel Barrot did not specifically respond when asked if France would arrest Netanyahu if he entered French soil during an interview with Franceinfo radio.
He declared that France “will apply international law based on its obligations to cooperate with the ICC and is very committed to international justice.”
He clarified, however, that the law of the court “deals with questions of immunity for certain leaders.”
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“The judicial authorities have the final say,” he continued.
This month, the ICC issued warrants for Mohammed Deif, the head of Hamas’ military, Yoav Gallant, the former Israeli defence minister, and Netanyahu. Netanyahu has criticised the action.
According to Josep Borrell, the head of EU foreign policy, the arrest orders are “binding” and ought to be carried out.
France has, however, so far adopted a more cautious approach to the warrants than some other European nations.
For the first time, a senior French official invoked potential immunity in his remarks.
“Very problematic” –
According to unverified media reports, Netanyahu vehemently brought up the matter during phone conversations with President Emmanuel Macron and pleaded with Paris to refrain from implementing the ruling.
Along with the United States, France has played a key role in efforts to bring an end to the conflict in the Middle East. On Wednesday, they helped broker a ceasefire between Israel and Lebanon.
Immunity “shall not bar the Court from exercising its jurisdiction over such a person,” according to Article 27 of the Rome Statute, which forms the basis of the ICC.
However, with regard to a person’s diplomatic immunity, a state is not allowed to “act inconsistently with its obligations under international law,” according to article 98.
On Wednesday, France’s position on Netanyahu’s possible immunity sparked intense responses both domestically and internationally.
The French position, according to Amnesty International, was “deeply problematic” and went against the government’s duties as an ICC member.
“France should explicitly affirm its acceptance of the unequivocal legal duty under the Rome Statute to carry out arrest warrants, rather than implying that ICC indictees may enjoy immunity,” said Anne Savinel Barras, president of Amnesty International France.
The leader of the French Green party, Marine Tondelier, described the government’s position as “shameful” and suggested that it was likely the outcome of an agreement between Israeli and French authorities.
“It must have been agreed upon that France would be mentioned in the official statement that the United States and France released yesterday announcing the ceasefire in Lebanon,” she said on X.
She declared, “Once more, France is going above and beyond to satisfy Benjamin Netanyahu’s demand to choose him over international justice.”
In the meantime, Barrot praised the truce as a significant victory for France and said he hoped it would lead to Lebanon’s “reform” following years of turmoil.
“The Israeli army withdraws from southern Lebanon… and that it is replaced by a massive deployment of the Lebanese armed forces,” according to the peace agreement.
“France will play its full part in this context,” Barrot stated.
