France states it will not detain Netanyahu
According to the foreign ministry in Paris, the Israeli Prime Minister might have immunity from the ICC war crimes warrant. Read Full Article at RT.com.
Last week, the ICC issued an arrest warrant for Netanyahu and former defense minister Yoav Gallant, charging them with crimes against humanity regarding the invasion of Gaza. While several European nations have signaled intentions to respect the warrant, France is taking a cautious approach.
Barrot explained on Franceinfo radio that Paris “will apply international law based on its obligations to cooperate with the ICC.” He elaborated on the complexities of the situation, noting that the Rome Statute, which set up the ICC, “deals with questions of immunity for certain leaders,” emphasizing that such determinations ultimately rest with the courts.
Earlier, the French Foreign Ministry released a statement clarifying that even though France intends to stick to its ICC commitments, Israel is not a signatory to the Rome Statute. The ministry remarked, “France will respect its international obligations, understanding that the Rome Statute requires full cooperation with the International Criminal Court,” but also stated that it “cannot be required to act in a manner inconsistent with its obligations under international law regarding the immunities of states that are not parties to the ICC.”
The Quai d'Orsay reiterated that this immunity applies to both Netanyahu and Gallant and must be considered. Furthermore, the ministry expressed its ongoing commitment to collaboration, stating, “In accordance with the historic friendship between France and Israel, two democracies committed to the rule of law and the respect of professional and independent justice, France intends to continue working closely with Prime Minister Netanyahu and other Israeli authorities to achieve peace and security for all in the Middle East.”
Although Israel is not a signatory to the Rome Statute, the ICC asserts jurisdiction over the West Bank and Gaza, classified as occupied Palestinian territories under international law. Article 27 of the Rome Statute stipulates that diplomatic immunity “shall not bar the Court from exercising its jurisdiction over such a person.” Conversely, Article 98 specifies that a state cannot “act inconsistently with its obligations under international law with respect to the... diplomatic immunity of a person.”
The United States, which also does not participate in the ICC, has condemned the warrant for Netanyahu’s arrest. Meanwhile, Hungary, a signatory to the Rome Statute, announced it would refrain from enforcing the warrant. In contrast, countries like the Netherlands, Switzerland, Ireland, Italy, Sweden, Belgium, the UK, and Norway have indicated their intention to comply.
Reports suggest that Italian Foreign Minister Antonio Tajani has proposed to the G7 to advocate for a suspension of proceedings against Netanyahu until the resolution of the Israeli-Palestinian conflict, in order to avoid politicizing the ICC.
Alejandro Jose Martinez for TROIB News