Paris – French authorities have stated that the immunity provisions from prosecution by the International Criminal Court (ICC) apply to Israeli Prime Minister Benjamin Netanyahu. France refrained from giving a definitive answer when asked whether it would arrest Netanyahu if he visited the country.
In its latest statement, as reported by AFP on Thursday (November 28, 2024), the French Ministry of Foreign Affairs noted that Netanyahu is protected by immunity rules applicable to countries that are not ICC members. Israel is not a signatory to the Rome Statute, the founding treaty of the ICC.
“A country cannot be considered to act in a manner inconsistent with its obligations under international law regarding immunity granted to states that are not members of the ICC,” the French Foreign Ministry stated.
“This immunity applies to Prime Minister Netanyahu and other concerned ministers, and it must be considered if the ICC requests us to arrest and surrender them,” the statement added.
French Foreign Minister Jean-Noel Barrot, in a statement on Wednesday (November 27), also emphasized that Paris acknowledges certain leaders enjoy immunity from ICC prosecution.
When asked whether France would arrest Netanyahu if he entered the country, Barrot did not provide a specific response during an interview with local radio station Franceinfo.
He emphasized that France is “deeply committed to international justice and will apply international law based on its obligations to cooperate with the ICC.” However, he added that the Rome Statute, which underpins the ICC, “addresses questions of immunity for certain leaders.” “Ultimately, it is up to judicial authorities to decide,” Barrot stated.
Article 27 of the Rome Statute stipulates that immunity “shall not bar the Court from exercising its jurisdiction over such a person.” However, Article 98 also states that a country cannot “act inconsistently with its obligations under international law concerning… diplomatic immunity of a person.”
The ICC issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant last week over alleged war crimes and crimes against humanity during Israel’s war against Hamas in the Gaza Strip, which has raged since October of last year.
In its announcement on November 21, the ICC said it found “reasonable grounds” to believe that Netanyahu and Gallant bear “individual criminal responsibility” for war crimes, including starvation as a method of warfare in Gaza, as well as crimes against humanity, such as murder, persecution, and other inhumane acts against Palestinian civilians.
The ICC also issued an arrest warrant for Hamas senior leader Mohammed Deif on similar charges. Although Israel claimed Deif was killed in an attack in Gaza in July, Hamas has neither confirmed nor denied the claim.
Netanyahu condemned the arrest warrant against him, accusing the ICC of anti-Semitism.
The arrest warrant means Netanyahu risks being detained if he sets foot in any of the 124 ICC member states that are signatories to the Rome Statute. France, as an ICC member, is obligated to arrest Netanyahu if he visits its territory.
However, France’s response appears cautious. Unconfirmed media reports suggest Netanyahu angrily raised the ICC issue during a phone call with President Emmanuel Macron, urging France not to enforce the arrest warrant.
Barrot’s comments mark the first time a senior French official has suggested the possibility of immunity.
A firmer stance has been taken by several European nations, including the European Union’s foreign policy chief, Josep Borrell, who stated that the ICC arrest warrants are “binding” and must be enforced.
