Dutch see options for Netanyahu to visit despite ICC arrest warrant

Middle East Monitor  /  November 29, 2024

Dutch Prime Minister, Dick Schoof, on Friday said there could be options for Israel’s Prime Minister, Benjamin Netanyahu, to visit the Netherlands without being arrested, despite the International Criminal Court’s (ICC) arrest warrant against him, Reuters reports.

His words seemed to tone down a previous stance by his Foreign Minister, Caspar Veldkamp, who last week in parliament said the Netherlands fully cooperates with the ICC, explaining that meant “we act on arrest warrants for people who are on Dutch territory”.

Schoof, on Friday, said there were still scenarios within the Netherlands’ duties towards the ICC in which Netanyahu would not be arrested, depending on the reason of his visit.

“The most important thing is that we have obligations that come from the treaty (on which the ICC is based), and that we comply with them,” Schoof said at a news conference.

“In light of that, we would have to see how we act when the Prime Minister of Israel were to come to the Netherlands. There are possible scenarios, also within international law, in which he would be able to come to the Netherlands without being arrested.”

Schoof did not elaborate on the circumstances under which Netanyahu could come. Last week he said it might be possible for Netanyahu to visit an international organisation located in the Netherlands, such as the UN watchdog for chemical weapons, OPCW, without being arrested.

The Netherlands is also host nation to the ICC, which is located in The Hague.

The ICC issued arrest warrants last week for Netanyahu, his former Defence chief, Yoav Gallant, and a Hamas leader, for alleged war crimes and crimes against humanity in the Gaza conflict.

Though all EU member states are signatories to the ICC’s founding treaty, France said on Wednesday it believed Netanyahu had immunity to actions by the ICC, given Israel has not signed up to the Court statutes.

Italy has said it is not feasible to arrest Netanyahu as long as he remains head of Israel’s government.

Israel, which launched its offensive in Gaza in response to Hamas’s deadly attack on southern Israeli communities on 7 October, 2023, has said it will appeal against the warrants for Netanyahu and Gallant.