The French government has reaffirmed its commitment to international justice after the International Criminal Court (ICC) issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The French officials, however, made a point of highlighting immunity for leaders from non-ICC member states, as Israel is not a party to the ICC’s jurisdiction.
Immunity Protections for Netanyahu
In a statement, France’s Ministry of Foreign Affairs reminded that international law stipulates immunity to leaders of states not part of ICC, thus including Netanyahu who occupies a state leadership position and cannot be arrested under international law. “A state cannot be held to act in a way that is incompatible with its obligations in terms of international law with regards to immunities granted to states which are not party to the ICC,” the French statement read.
It further noted that these immunities extend to Prime Minister Netanyahu and other Israeli ministers, and must be taken into account if the ICC demands their arrest and extradition.
France’s Prudent Step
Earlier, the French Foreign Minister Jean-Noel Barrot made similar statements where he argued that France has come to accept that immunity exists for particular leaders. “France considers that some leaders could enjoy immunity from ICC prosecution,” said Barrot.
When asked if France would arrest Netanyahu in case he entered the country, Barrot did not answer directly. He merely reiterates France’s stand in implementing international law and collaborating with the ICC. He says, however, that the question of immunity of some leaders is clearly indicated in the statute of the court, and the decision on the matter will have to be made by the judicial authorities.
ICC Arrest Warrants and Europe’s Response
The ICC arrest warrants had been issued last month to former Israeli Defense Minister Yoav Gallant, Netanyahu, and Hamas Military Chief Mohammed Deif. In response to this action by the ICC, European leaders like EU foreign policy chief Josep Borrell have demanded the execution of the warrants that have labeled them “binding”.
However, France has been relatively more cautious than other European countries. The latest statements by Barrot, in which he accepted the immunity for some of the leaders, were the first time that a senior French official was talking about immunity.
Netanyahu’s Private Concerns and Ceasefire Efforts
Unverified reports indicated that Netanyahu had expressed his concern to French President Emmanuel Macron through a phone call regarding the ICC arrest warrants. Netanyahu reportedly asked Paris not to implement the decision, although these reports have not been confirmed.
In the middle of this, France has played an instrumental role in brokering a ceasefire between Israel and Lebanon. Barrot boasted that the ceasefire agreement was one of the greatest successes for France. The agreement contains terms about the withdrawal of Israeli forces from southern Lebanon and the deployment of Lebanese armed forces in the area. France has promised to contribute actively to the success of this ceasefire, with Barrot saying, “France will play its full part.”
Immunity and the Legal Framework
The legal issues with Netanyahu’s case are all connected to the Rome Statute, the founding document of the ICC. Article 27 of the Statute explicitly declares that immunity “shall not bar the Court from exercising its jurisdiction over such a person,” yet Article 98 offers exceptions. The latter stipulates that a state cannot act in ways inconsistent with its international obligations in terms of the “diplomatic immunity of a person.”
It will remain to be seen how things are going to pan out, as France weighs its obligations under international law, if the ICC follows up on this further.
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