France stated on Wednesday that Israeli Prime Minister Benjamin Netanyahu is covered by immunity provisions in relation to the arrest warrant issued against him by the International Criminal Court (ICC). The French Foreign Ministry clarified that since Israel is not a member of the ICC, the country is not required to comply with the Court's mandates regarding immunities for individuals who hold positions of state authority. The ministry emphasized that any potential action against Netanyahu must take into account these immunity rules, which also extend to other Israeli officials, including ministers who may be subject to similar warrants.

In response to the arrest warrants issued by the ICC on November 21, which also targeted former Israeli Defense Minister Yoav Gallant and Hamas leader Mohammed Deif, France initially stated its commitment to international justice. However, it later clarified that it viewed Netanyahu and other Israeli leaders as exempt from ICC prosecution due to their official status and Israel’s non-membership in the Court. This view was met with criticism from human rights organizations, which argued that no one, including Netanyahu, should be immune from arrest warrants issued by the ICC under international law.

The French position was reinforced by Foreign Minister Jean-Noël Barrot, who remarked that some leaders could indeed enjoy immunity from prosecution. He pointed out that while France adheres to its obligations to cooperate with the ICC, questions of immunity for certain leaders are dealt with under international law and are ultimately subject to judicial authority. This response came after the ICC made clear that its arrest warrants are binding, a stance that has been endorsed by some EU officials, although France has expressed caution in its approach.

Article 27 of the Rome Statute, which establishes the ICC, states that immunity should not prevent the Court from exercising jurisdiction over individuals, regardless of their official capacity. However, Article 98 acknowledges that a state may not act inconsistently with its obligations under international law, particularly concerning diplomatic immunity. The French government's careful stance on the matter has prompted further debate, with human rights advocates urging France to affirm its legal obligation to carry out the ICC's arrest warrants.

Background:

The International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Netanyahu, former Defense Minister Yoav Gallant, and Hamas leader Mohammed Deif following allegations of war crimes in Gaza. The ICC's warrants come amid ongoing military conflicts and escalating international concerns over accountability for alleged violations of international law. Despite France's formal support for international justice, the country's position on Netanyahu's immunity reflects the complexities surrounding the ICC's jurisdiction over individuals from countries that have not ratified its founding Rome Statute, such as Israel. France's diplomatic ties with Israel and its efforts to maintain peace negotiations in the region have contributed to its more cautious stance on enforcing the warrants.