Israel seeks to stop ICC's arrest warrant

Israel is appealing the International Criminal Court's (ICC) warrant for the arrest of Prime Minister Benjamin Netanyahu – and wants to have the arrest order lifted during the appeal. France believes that Netanyahu has immunity since Israel has not ratified the ICC's statutes.

» Published: November 27 2024

Israel seeks to stop ICC's arrest warrant
Photo: Julia Demaree Nikhinson/AP/TT

The message on Wednesday came from the Israeli Prime Minister's office, and the request also concerned the arrest warrant for the former Defense Minister Yoav Gallant.

Earlier in the day, the French Foreign Ministry announced that it believes Netanyahu has immunity. According to France, the Israeli leader is covered by the ICC's immunity rules regarding countries that have not ratified the court's basic document, the Rome Statute – which Israel has not.

However, France supports international law and justice, emphasized Foreign Minister Jean-Noël Barrot.

In the end, it is up to the judicial authorities to decide, replied Barrot when he was asked in a radio interview with Franceinfo whether Netanyahu would be arrested if he set foot in France.

The Green Party leader Marine Tondelier called the government's stance shameful and claimed that it probably involves an agreement between the leaders of France and Israel.

The ICC issued an arrest warrant against Netanyahu and Gallant, as well as the military chief of Hamas, Mohammed Dayf, last week.

Several countries have said they are ready to arrest Netanyahu, while others have responded more cautiously to the ICC's request.

Article 27 of the Rome Statute states that immunity "shall not prevent the Court from exercising its jurisdiction over such a person (with immunity)".

However, Article 98 stipulates that the Court shall not request the surrender of a suspect if it would require the requested State to act in violation of its obligations under international law regarding state immunity or diplomatic immunity – unless the Court can first obtain the cooperation of the State to waive immunity.

Article 98 is partially disputed and has caused some interpretation problems over the years.

The Rome Statute is the International Criminal Court's basic document, and all states that have ratified it are bound to follow the Court's orders.

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By TTThis article has been altered and translated by Sweden Herald

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