Home » France cites Netanyahu immunity from ICC arrest, sparks backlash

France cites Netanyahu immunity from ICC arrest, sparks backlash

The French government confirmed Wednesday that Israeli Prime Minister Benjamin Netanyahu is shielded by immunity provisions under international law, exempting him from arrest warrants issued by the International Criminal Court (ICC).  

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The French government confirmed Wednesday that Israeli Prime Minister Benjamin Netanyahu is shielded by immunity provisions under international law, exempting him from arrest warrants issued by the International Criminal Court (ICC).  

According to the French foreign ministry, the immunity applies to leaders of states not party to the ICC, such as Israel. “Such immunities apply to Prime Minister Netanyahu and other ministers in question and must be taken into consideration should the ICC ask us to arrest them and hand them over,” the ministry stated.  

The clarification came amid mounting questions about whether France would comply with ICC-issued warrants for Netanyahu, former Israeli defense minister Yoav Gallant, and Hamas military chief Mohammed Deif. While the European Union’s foreign policy chief Josep Borrell has emphasized that ICC warrants are binding, France has so far taken a more cautious approach.  

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French Foreign Minister Jean-Noel Barrot, in an interview with Franceinfo, emphasized the nation’s commitment to international justice but acknowledged that immunity for certain leaders is an issue for judicial authorities to decide. “France is very committed to international justice and will apply international law based on its obligations to cooperate with the ICC,” he said.  

The announcement drew sharp criticism from rights groups and political figures. Amnesty International France labeled the stance “deeply problematic” and urged Paris to unequivocally comply with its ICC obligations. Anne Savinel Barras, Amnesty’s president, stressed that immunity should not obstruct justice.  

Green Party leader Marine Tondelier accused the French government of prioritizing diplomatic agreements over accountability, calling the position “shameful.” She linked the cautious stance to a possible understanding between French President Emmanuel Macron and Netanyahu, referencing France’s recent role in brokering a ceasefire in Lebanon alongside the United States.  

The legal backdrop is complex. While Article 27 of the ICC’s Rome Statute removes immunity for individuals under its jurisdiction, Article 98 obliges member states to respect international law regarding diplomatic immunity.  

Netanyahu has denounced the ICC warrants, and reports suggest he raised the issue directly with Macron during phone talks. The controversy comes as France asserts its influence in the Middle East peace process. Barrot highlighted the success of the Lebanon ceasefire, which calls for an Israeli withdrawal and the deployment of Lebanese forces in the south, as a critical diplomatic achievement.  

France’s position on the ICC warrants could have far-reaching implications, not just for its standing in international justice but also for its role in regional stability efforts.  

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