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France Confirms Netanyahu’s Immunity from ICC Prosecution

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France appears to have made a U-turn and confirmed it believes that Israeli Prime Minister Benjamin Netanyahu is immune from prosecution by the International Criminal Court (ICC) since Israel is not a signatory to the Rome Statute that set up the court.

Last week, the ICC issued warrants for Netanyahu, former defence minister Yoav Gallant, and Hamas military chief Mohammed Deif. The ICC accused them of “crimes against humanity and war crimes” committed from October 8, 2023, to May 20, 2024. This decision enraged Israel and its allies, including the United States, which also does not recognize ICC jurisdiction.

Benjamin Netanyahu defiant against the ruling of the ICC

France had maintained a cautious approach to the warrants until Netanyahu angrily called up French President Emmanuel Macron, urging him not to enforce the ICC’s decision.

France’s Stance on Immunity

The French foreign ministry clearly stated that it would not arrest Netanyahu if he entered France. They explained, “Immunity rules cover the Israeli leader for states not part of the ICC.” France claims, “A state cannot act against its obligations under international law regarding immunities granted to states not party to the ICC.”

Published November 21, 2024

Jean-Noel Barrot, France’s foreign minister, indicated that some leaders might enjoy immunity from ICC prosecution. Barrot could not provide a direct answer when asked if France would arrest Netanyahu on its territory. “France is very committed to international justice and will apply international law,” he said. However, he claims that the ICC statute provides immunity for certain leaders from countries not bound by the treaty.

Opposition and International Responses

Opposition figures cried foul. Marine Tondelier, the leader of the French Greens, criticized the foreign ministry’s stance as a “disgrace.” She said, “France is again bowing to Benjamin Netanyahu’s demands by choosing him over international justice.

Pres. Emmanuel Macron heckled on the streets of Paris regarding French policy on the situation in the Middle East

The G7 foreign ministers later said they would “comply with our respective obligations” regarding the arrest warrants, adding to the confusion. But Josep Borrell, the EU’s foreign policy chief, called the warrants “binding” and urged implementation.

British PM Sir Keir Starmer’s spokesman said the UK government also respects the ICC’s independence and affirmed Netanyahu could be arrested on British soil.

France prefers to avoid all these legalese, preferring instead to work to end conflicts in the Middle East by helping broker a ceasefire between Israel and Lebanon effective Wednesday.

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