In a surprising decision, France has declared that it will not arrest Israeli Prime Minister Benjamin Netanyahu despite a warrant from the International Criminal Court (ICC).
The warrant, issued last week, accuses Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas military chief Mohammed Deif of war crimes and crimes against humanity.
The alleged crimes occurred between October 8, 2023, and May 20, 2024, amid the intense conflict between Israel and Hamas.
Israel and its allies, including the United States, have fiercely rejected the ICC’s jurisdiction.
Reports suggest Netanyahu personally called French President Emmanuel Macron to pressure him not to enforce the ICC’s decision.
France’s foreign ministry confirmed on Wednesday that Netanyahu is protected by diplomatic immunity.
“A state cannot be held to act in a way that is incompatible with its obligations in terms of international law regarding immunities granted to states not party to the ICC,” the statement read.
This immunity extends to Netanyahu and other ministers facing similar charges.
The ministry’s position sparked immediate backlash, both at home and abroad.
Marine Tondelier, leader of France’s Green Party, condemned the move, calling it a “disgrace.”
“France is once again bowing to Benjamin Netanyahu’s demands by choosing him over international justice,” she said.
The controversy has also raised questions about France’s commitment to international justice.
Jean-Noel Barrot, France’s foreign minister, avoided directly answering whether Netanyahu would be arrested if he entered French territory.
“France is very committed to international justice and will apply international law based on its obligations to cooperate with the ICC,” Barrot said in an interview.
However, he noted that some leaders enjoy immunity under specific international laws.
“It is ultimately up to the judicial authorities to decide,” he added.
Legal experts are now debating France’s interpretation of ICC rules.
While Article 27 of the Rome Statute, which established the ICC, states that immunity does not shield leaders from prosecution, Article 98 complicates matters.
It prevents states from acting in ways that conflict with their obligations under international law, including respecting diplomatic immunity.
France’s stance differs sharply from other Western nations.
G7 foreign ministers have pledged to comply with their obligations under the ICC.
European Union foreign policy chief Josep Borrell also emphasized that the warrants are “binding.”
In the UK, the official spokesman for Labour Party leader Sir Keir Starmer said Britain respects the ICC’s independence.
The spokesman refused to rule out arresting Netanyahu if he visited the UK, a position widely seen as supporting the court’s authority.
France’s decision comes amid its ongoing efforts to mediate peace in the Middle East.
Alongside the United States, France helped negotiate a ceasefire between Israel and Lebanon, which took effect on Wednesday.
Critics argue that France’s refusal to arrest Netanyahu undermines its credibility as a mediator.
“France cannot claim to support international justice while ignoring the ICC’s decisions,” said a human rights activist.
Proponents of the decision, however, argue that diplomatic considerations must be balanced with legal obligations.
