Dutch Prime Minister Dick Schoof said on Friday that there could be possible alternatives for Israeli Prime Minister Benjamin Netanyahu to come to the Netherlands without being arrested, despite the International Criminal Court (ICC) having issued an arrest warrant against him. Schoof’s comments seem to temper the earlier position of Dutch Foreign Minister Caspar Veldkamp.
Position of Dutch Government on Cooperation with the ICC
Unlike Schoof, Foreign Minister Caspar Veldkamp recently assured the Dutch parliament that the Netherlands is committed fully to cooperation with the ICC. He explained that this commitment means not only compliance with warrants for arrest but also complying with arrest warrants issued against persons who are on Dutch territory. Schoof implied, however that under some legal circumstances, Netanyahu would be able to evade an arrest while in the country.
Legal Obligations and Possible Scenarios
Schoof clarified that although the Netherlands must adhere to obligations under the ICC treaty, there are certain circumstances by which Netanyahu could visit the country without being arrested, given the nature of his visit. “The most important thing is that we have obligations that come from the treaty, and that we comply to them,” Schoof said. According to him, it would still depend on the circumstances in which Netanyahu intends to visit the country as to the actions the Netherlands will take vis-à-vis international law.
The ICC issued an arrest warrant last week for Netanyahu and his former defence chief, Yoav Gallant, as well as a Hamas leader, accusing them of war crimes and crimes against humanity for their role in the on-going Gaza conflict. With all EU member states having been a signatory to the court’s founding treaty, each expressed slightly different interpretations of how that might play out with a particular country’s views in this matter. France argued that Netanyahu could be immune from actions by the ICC because of Israel’s non-signatory status, while Italy asserted that it would not be feasible to arrest Netanyahu while in office.
Possible Visit Scenarios for Netanyahu
Schoof did not go into specifics about under what conditions Netanyahu could visit without facing arrest. However, he did mention that Netanyahu might be able to attend an international organization located in the Netherlands, such as the Organization for the Prohibition of Chemical Weapons (OPCW), without encountering legal issues.
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