Is Netanyahu immune from the ICC arrest warrants as France claims?

Introduction

No, Netanyahu is not immune from the ICC arrest warrants as France claims. The French position on Netanyahu’s immunity lacks legal validity and contradicts established precedents in international law.

Legal Basis for Rejecting Immunity

The claim of immunity for Netanyahu is not supported by the Rome Statute or previous ICC rulings:

Article 27 of the Rome Statute:

This article clearly states that official capacity, including as a head of state or government, does not exempt an individual from criminal responsibility under the statute.

2019 ICC Appeals Chamber Ruling:

In a case involving former Sudanese President Omar al-Bashir, the court ruled that there is no immunity for heads of state before an international court with jurisdiction, even for non-member states.

Expert Opinion:

Professor William Schabas of Middlesex University notes that while France’s argument might have once seemed plausible, the 2019 ruling clarified that customary international law does not grant head of state immunity, regardless of whether a country is a party to the Rome Statute.

Contradictions in France’s Position

France’s stance on Netanyahu’s immunity is inconsistent with its previous positions:

Double Standards:

France endorsed the ICC arrest warrant for Russian President Vladimir Putin in March 2024, despite Russia also not being a party to the Rome Statute.

Obligations as an ICC Member:

As a member state of the ICC, France is legally required to adhere to the court’s rulings, even if it disagrees with them.

International Reactions and Legal Opinions

The international community and legal experts have largely rejected France’s position:

UN Special Rapporteur:

Francesca Albanese stated that France’s immunity claim has “no legal validity” and warned that obstructing the execution of an ICC arrest warrant could be seen as a breach of Article 70 of the Rome Statute.

Human Rights Watch:

Yasmine Ahmed from Human Rights Watch emphasized that France is obligated to assist the court under the Rome Statute, which includes executing arrest warrants.

Other European Countries:

Many European leaders have affirmed their commitment to the ICC’s decision and stated they would fulfill their obligations to detain Netanyahu if he entered their jurisdictions.

Conclusion

France’s claim of immunity for Netanyahu contradicts established international law, previous ICC rulings, and its own prior positions on similar cases. The consensus among legal experts and international bodies is that Netanyahu does not enjoy immunity from ICC arrest warrants, regardless of Israel’s non-membership in the court.