France's surprising immunity for Netanyahu: a legal dilemma!

France's surprising immunity for Netanyahu: a legal dilemma!

Paris, Frankreich - A storm of controversy unfolds the international arrest warrants against Israeli Prime Minister Benjamin Netanyahu! On November 21, the International Criminal Court (ICC) issued arrest warrants against Netanyahu and its former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity at the Gaza conflict. While European leaders agreed to follow the arrest warrants, France has now made a surprising turn and claims that Netanyahu enjoys immunity, since Israel is not a member of the ICC.

The French government has stated that immunity for Netanyahu and other ministers must be taken into account if the ICC asks for its arrest and delivery. But is this reasoning legally durable? Experts warn that France, through this claim, questions the authority of the ICC. Article 27 of the Roman statute, which launched the Court of Justice, states that the court's decisions apply to all persons, regardless of their official status. This means that France is obliged to enforce the arrest warrant, even if it does not agree to the decision.

France's dubious argumentation

France is based on Article 98 of the Roman statute, which says that a country must not act against its international obligations in relation to the diplomatic immunity of a person of a third -state. However, this reasoning could falter because the ICC already clarified in 2019 that there is no immunity for heads of state under international habitual law, even if the country is not a member of the ICC. Experts criticize that France's selective interpretation of the Roman statute is a dangerous precedent and undermine the credibility of the ICC.

The question remains: Can Netanyahu actually travel to France? The uncertainty about a possible arrest could prevent him from doing so. Experts emphasize that the decision to implement the arrest warrant is ultimately with the French dishes, and as long as Netanyahu is in office, every visit to France would be an official. The French government will probably not invite him because the courts could continue to decide that the arrest warrant is valid.