Ramona Wadi
Middle East Monitor / November 28, 2024
France has given an example of how non-committal diplomacy works to create impunity for genocide. After describing the International Criminal Court (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant as “legally complex”, the French government has now confirmed that it will not comply with the court’s decision.
Not only did France claim that Netanyahu enjoys immunity from the court since Israel is not a signatory to the Rome Statute; France’s Foreign Ministry also issued a statement insisting that, “France intends to continue to work in close collaboration with Prime Minister Netanyahu and other Israeli authorities to achieve peace and security for all in the Middle East.” The statement came after the US and France brokered a deal for a ceasefire in Lebanon.
Out of the G7 countries, France has cited alleged immunity for Netanyahu, the US has outright rejected the ICC arrest warrants, and Italy has said that it needs “to understand what the obligations are”.
The Rome Statute states that there are no exemptions from criminal responsibility.
Article 27 of the statute is clear that any immunities related to an individual’s official capacity “shall not bar the Court from exercising its jurisdiction over such a person.”
France’s opposition to the ICC arrest warrants comes from Article 98, which states that the court cannot request the arrest of an official from a country that is not a signatory to the Rome Statute, if such an arrest “would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State.”
So, according to France, there is the possibility that it would be breaching international law if it applies the ICC arrest warrant, should Netanyahu visit. But supporting genocide does not compel France to state the same. What do the lawyers advising the French government say, I wonder, about officials seeking further cooperation from the orchestrator of Israel’s genocide in Gaza to bring “peace” in the Middle East? Through further genocide, perhaps?
Israel has long acted above the law, enjoying impunity.
And now, its allies can also benefit from impunity, as long as support for Israel’s impunity is ensured. The discourse can turn back to non-existent legal loopholes while Israel continues its genocide in Gaza with full impunity, not to mention the start of countries following France’s lead in delaying or rejecting the ICC arrest warrant issued for Netanyahu.
For example, the brokered ceasefire in Lebanon does not mean that we will see the same or similar in Gaza. Indeed, Israel is likely to increase its efforts to empty Gaza of Palestinians and, this time, with knowledge that France and most probably other European countries will not be fulfilling their responsibilities as signatories to the Rome Statute.
France’s decision makes it clear that Israel barely has to defend its fabricated “security and self-defence” narrative any more, because its allies can be counted on in that regard. Israel has justified genocide under the pretext of security concerns, while France has justified genocide on the basis that a bogus immunity can cause the government to act in violation of international obligations. Israel and France have each made claims that are both absurd and macabre.
Ramona Wadi is an independent researcher, freelance journalist, book reviewer and blogger; her writing covers a range of themes in relation to Palestine, Chile and Latin America
