While the International Criminal Court has issued an arrest warrant for Benjamin Netanyahu, France is stuck between its obligations to the ICC and the desire to heal its relations with Israel. The government seems to have found a solution.
Between its relations with Israel, which were still tense until recently, and its duties towards the International Criminal Court (ICC), France is playing its cards close to its chest. After having maintained the ambiguity, it decided on its position on Wednesday 27. “France will rigorously apply, as it has always done, the obligations incumbent upon it under international law,” declared Michel Barnier before the National Assembly the day before, without however specifying whether or not the country would arrest Benjamin Netanyahu. And for good reason, the government seems to have found a pirouette explained by the Ministry of Foreign Affairs this Wednesday. Jean-Noel Barrot raised “questions of immunity” provided for in the treaty of Rome and which may benefit certain leaders, in particular those who do not recognize the ICC, as he announced on Franceinfo. “Such immunities apply to Prime Minister Netanyahu and the other ministers concerned and will have to be taken into consideration if the ICC were to ask us for their arrest and surrender,” wrote the Quai d'Orsay in a press release. The ministry also indicated that it was “working in close collaboration" with Benyamin Netanyahu “to achieve peace and security for all in the Middle East”.
The Israeli Prime Minister is the subject of an arrest warrant issued by the ICC on Thursday, November 21, along with his former Defense Minister Yoav Gallant and Hamas leader Mohammed De'iuml;f. Since that date, France, like the 123 other countries that have signed the Treaty of Rome and recognized the ICC, have been theoretically required to arrest these three individuals if they set foot on its soil. The court decision has not been more the Hebrew state whose leader reiterated that “no outrageous anti-Israeli decision will prevent us – and especially not me – from continuing to defend our country in any way whatsoever”. Other Israeli representatives denounced an “anti-Semitic” decision.
Reactions to the issuance of the international arrest warrants have been strong, numerous and varied. In addition to Israel, the United States has rejected the ICC's “scandalous” decision, but the United States has never recognized the authority of the body. However, among the 124 countries that recognize the ICC, several have refused to comply with its authority. and to arrest Benjamin Netanyahu if he visited their territory, such as Hungary or Austria. Others, on the contrary, have assured that they will scrupulously respect the arrest warrants, such as Italy or the United Kingdom.
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Netanyahu's call to Macron
After the ICC announcements, the Israeli Prime Minister called Emmanuel Macron, according to information from Le Parisien, to urge the French authorities not to respect the arrest warrants. The head of state is said to have given a similar speech to that of his government in recent hours: France will respect international law, but immunity could be granted to heads of state. Other Israeli representatives have addressed similar messages to the French government and President, including the Israeli ambassador to France who on November 22 denounced a “entirely arbitrary” court decision aimed at “preventing” Israel from defending itself on Franceinfo. The man called on Emmanuel Macron to “follow the example that was given by the United States, by the American President and by other countries of the European Union such as Hungary, Austria and the Czech Republic, which deplored this resolution.
According to our information, Benjamin Netanyahu called Emmanuel Macron “last week” from the “Élysée”, to express his anger about the ICC's decision and to seek to influence Paris not to apply it against him. The French president reportedly replied that France respects international law, but that the judge could decide to grant immunity to heads of state.
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18:59 – Israel to appeal ICC decision
Less than a week after the International Criminal Court (ICC) issued international arrest warrants for its Prime Minister, Benjamin Netanyahu, and his former Defense Minister Yoav Gallant for war crimes, Israel announced its intention to appeal the court decision. Pending a decision on the merits, Israel has also requested that the ICC the suspension of the execution of these two arrest warrants, specified the services of the Israeli Prime Minister in a press release.
15:39 – The left castigates the immunity granted to Benjamin Netanyahu
The announcement of the immunity granted to Benjamin Netanyahu has made some left-wing politicians jump. “France is once again bowing to Benjamin Netanyahu's demands by choosing him rather than international justice,” deplored the head of the Ecologists, Marine Tondelier sur X. The ministry's decision is “a disgrace” in her eyes. She goes so far as to suspect a “deal” for France to be cited among the actors who have enabled a ceasefire between Israel and Lebanon. The coordinator of France Insoumise, Manuel Bompard, for his part asked whether the term “immunity” had not been confused with that of “impunity”.
15:30 – France grants immunity to Benjamin Netanyahu despite the ICC arrest warrant
France ruled on Wednesday on the behavior to adopt with regard to the arrest warrant issued by the ICC against Benjamin Netanyahu. If France intends to “rigorously” respect its obligations towards the ICC as declared Michel Barnier before the deputies yesterday, the Minister of Foreign Affairs specified this Wednesday that the Israeli Prime Minister benefits from “immunity” which “must be taken into consideration” despite the arrest warrant. In a press release, the Ministry invokes the obligations provided for in international law relating to to the “immunities of “States not party to the ICC”, which is the case of Israel. He adds that “such immunities apply to Prime Minister Netanyahu and other relevant ministers” by an arrest warrant from the Court.
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