France's Stance on Netanyahu’s Immunity from ICC Arrest Warrants Sparks Controversy

France has recently declared its position on the International Criminal Court (ICC) arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu, asserting that he is immune to any action by the court. The French government justified its stance by pointing out that Israel, which has not signed the Rome Statute, is not bound by the court’s statutes. As a result, it believes Netanyahu cannot be compelled to face prosecution under the ICC’s jurisdiction.

This statement, issued by France’s Foreign Ministry on Wednesday, comes after a complex week of diplomatic maneuvering. France's decision follows the court’s announcement on November 21 that it had issued arrest warrants for Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri, all accused of committing war crimes in Gaza. This legal development comes amid ongoing efforts to broker a ceasefire between Israel and Hezbollah in Lebanon, with France and the U.S. playing key roles.

France’s Adjusted Position

Initially, France seemed inclined to respect the ICC’s actions, aligning with the belief that the court’s decision should be followed. However, as the political ramifications of the arrest warrants became clear, France backtracked slightly, emphasizing the legal distinction for states that have not ratified the Rome Statute. The revised statement highlighted that while the ICC has issued the warrants, Netanyahu and other Israeli officials are protected under immunity as non-signatories to the court’s founding treaty.

France's statements have sparked criticism from Human Rights Watch and Amnesty International. These organizations have condemned France’s position, arguing that no one, including sitting heads of state, is above the law under the Rome Statute.

International Reactions

The controversy surrounding France’s position has drawn responses from various international actors. While some countries, such as Italy, have also questioned the legality of the ICC’s mandate, others have pledged to uphold international law and the court’s orders. The British Foreign Minister David Lammy, while affirming the UK’s commitment to the ICC, confirmed that Britain would comply with the arrest warrant should Netanyahu enter UK territory.

On the other hand, Israel strongly condemned the ICC’s arrest warrants, calling them “shameful” and “absurd.” The Israeli government has expressed its intention to contest the warrants and continues to reject the ICC’s authority over Israeli officials.