Middle East Monitor / November 28, 2024
France reaffirmed, on Thursday, its stance on immunity for certain leaders concerning arrest warrants issued by the International Criminal Court (ICC), claiming that such immunity is based on international legal obligations, Anadolu Agency reports.
This declaration came amid recent criticism, including a strong response from UN Special Rapporteur on Palestine, Francesca Albanese, who rejected France’s immunity claims in the cases of Israeli Prime Minister, Benjamin Netanyahu, and former Defence Minister, Yoav Gallant.
The France-based NGO, Ligue des Droits de l’Homme (LDH) also dismissed these immunities claims, describing them as “fiction” in a statement.
French Foreign Ministry spokesperson, Christophe Lemoine, stressed that immunity provisions are not arbitrary but are enshrined in the legal framework of the ICC’s Statute.
“They are not a fiction; they are a legal reality,” Lemoine stated, emphasizing that these provisions are particularly applicable to heads of state from countries that have not signed the Rome Statute.
Lemoine explained that, as a signatory to the Rome Statute, France is bound by two key obligations under international law: the requirement to cooperate with the ICC, as per Article 86, and the mandate to respect immunities, particularly under Article 98.
“The logic behind France’s position is based on respecting international law and the agreements we’ve signed. Immunities are provided for by the ICC’s statute, particularly under Article 98,” he added.
He underscored that the immunity protections are not a “fiction” but rather a necessary legal provision to maintain international agreements and respect sovereign rights.
Earlier on Wednesday, French Foreign Minister, Jean-Noel Barrot, defended the country’s stance on immunity, highlighting that “immunities are provided for by the International Criminal Court’s statute, particularly under Article 98.”
Last week, the ICC issued arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity in Gaza.
Israel also faces a genocide case at the International Court of Justice for its deadly war on Gaza.
