Is Netanyahu exempt from the ICC arrest warrant?

Last Updated on December 1, 2024 5:58 am

On November 21, the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant for crimes against humanity in Gaza. After the ICC issued this warrant, many countries, including the European Union, have said that they will arrest Netanyahu if he visits their countries.

However, Hungary has recently announced that it will not comply with the ICC order. Not only that; the country has warmly invited Netanyahu to visit their country. After Hungary’s words, France has also started giving different signals.

Although the country initially said that it would comply with the ICC’s restrictions, the country is now making a new argument. In this case, Paris’ argument is that the warrant issued against the Israeli Prime Minister for war crimes is not valid; because Israel is not a member of the ICC.

Other countries may also make a similar argument to France. Because Israel is not a member state of the ICC, it applies to everyone. So is Netanyahu exempt from the ICC arrest warrant? He cannot be arrested?

What is the legal validity of France’s argument?

Article 27 of the Rome Statute establishes the court. This means that its judgments are ‘equally applicable to all persons without distinction based on governmental authority’ and ‘in no way relieve a person of criminal responsibility.’

Yasmin Ahmed, UK director of Human Rights Watch, said in this regard, ‘France has a duty to cooperate with the ICC court under the Rome Statute. So France’s duty to cooperate now is to execute the arrest warrant.’

In other words, even if France argues, it is not right. Being a member of the ICC, they are obliged to arrest Netanyahu in accordance with the organization’s rules.