France says Netanyahu has immunity from arrest

Middle East Monitor  /  November 27, 2024

France said on Wednesday that Israeli Prime Minister Benjamin Netanyahu has immunity given that his country is not party to the statutes of the International Criminal Court that has sought his arrest, Reuters has reported. The government in Paris added that it will continue to work closely with him.

The French government has taken almost a week to come up with a clear position on the matter, after the court in The Hague issued arrest warrants on 21 November for Netanyahu, his former defence chief Yoav Gallant and a leader of the Palestinian Islamic Resistance Movement, Hamas.

After initially saying that it would adhere to the ICC statutes, France’s foreign ministry fine-tuned that in a second statement on 22 November amid concerns that Israel could scupper efforts for a ceasefire in Lebanon, saying that it noted that the court’s decision had merely formalised an accusation.

Today, the ministry said that France would respect its international obligations, it being understood that the Rome Statute that established the ICC provided that a country cannot be required to act in a manner incompatible with its obligations “with respect to the immunities of States not party to the ICC”.

“Such immunities apply to Prime Minister Netanyahu and other relevant ministers and will have to be taken into consideration should the ICC request their arrest and surrender,” claimed the ministry.

A ceasefire between Israel and Lebanon’s Hezbollah party came into effect at 4am local time on Wednesday after both sides accepted an agreement brokered by the US and France.

French Foreign Minister Jean-Noel Barrot spoke to his Israeli counterpart in the aftermath of the ICC arrest warrant on Thursday and President Emmanuel Macron spoke with Netanyahu on Friday to outline the French position, said diplomatic sources.

The French ministry referred to what it called the historic friendship between two democracies committed to the rule of law. France, it added, intends to continue to work closely with Netanyahu and other Israeli authorities “to achieve peace and security for all in the Middle East.”