The French Foreign Ministry said on Wednesday that provisions on immunity from prosecution at the International Criminal Court apply to Israeli Prime Minister Benjamin Netanyahu.
It says Israeli leaders are subject to the immunity rules that apply to states that are not parties to the ICC. Israel is not a member of the ICC.
The French statement said, “No State may be held to act in a manner that is inconsistent with its obligations in the context of international law with respect to the exemptions granted to States that are not parties to the ICC “
“Such immunity applies to Prime Minister Netanyahu and other relevant ministers and should be considered if the ICC asks us to arrest and extradite them,” it added.
Earlier on Wednesday, Foreign Minister Jean-Noel Barrot had already said that France believed some leaders could enjoy immunity from ICC prosecution.
Asked whether France would arrest Netanyahu if he stepped onto French territory, Jean-Noël Barrot did not give a specific answer in an interview with Franceinfo radio.
He said France is “very committed to international justice and will enforce international law based on its obligations to cooperate with the ICC.”
But he also said the court’s statute “deals with questions of immunity for some leaders”.
“Ultimately, it is up to the judicial authorities to decide,” he said.
The ICC this month issued warrants for Netanyahu, former Israeli Defense Minister Yoav Galant and Hamas military chief Mohammed Deif. Netanyahu has criticized this move.
EU foreign policy chief Josep Borrell has said the arrest warrants are “binding” and must be enforced.
However, unlike some European states, France has so far taken a more cautious stance on the warrants.
Barrot’s comments mark the first time a top French official has received potential immunity.
– ‘Deeply problematic’ –
Unconfirmed media reports said Netanyahu angrily raised the issue in a telephone conversation with President Emmanuel Macron and urged Paris not to enforce the decision.
France has played a key role in efforts to end fighting in the Middle East and, along with the United States, helped broker a ceasefire between Israel and Lebanon that came into force on Wednesday.
Article 27 of the Rome Statute – the foundation of the ICC – states that immunity “shall not prevent the Court from exercising its jurisdiction over such person.”
But Article 98 says that a State may not “act inconsistently with its obligations under international law with respect to the diplomatic immunity of a person.”
France’s stance on possible immunity for Netanyahu prompted some strong reactions both at home and abroad on Wednesday.
Amnesty International described the French stance as “deeply problematic”, and said it was contrary to the government’s obligations as an ICC member.
Anne Savinel Barras, president of Amnesty International France, said, “Rather than speculate that ICC prosecutors may enjoy immunity, France should clearly state its acceptance of the clear legal duty under the Rome Statute to enforce arrest warrants.” Must be confirmed.”
French Green Party boss Marine Tondelier described the government’s stance as “shameful”, saying it was likely the result of an agreement between French and Israeli leaders.
“Certainly it was the agreement, that France would be mentioned in the official statement announcing the ceasefire in Lebanon that was published yesterday by France and the United States,” he said on X.
“Again, France is bending over backwards to satisfy Benjamin Netanyahu’s demand to elect him on international justice,” he said.
Barrot, meanwhile, described the ceasefire as a major success for France and expressed hope that it would result in “reforms” in Lebanon after years of crisis.
The ceasefire provides that “Israeli forces withdraw from southern Lebanon… and are replaced by the large-scale deployment of Lebanese armed forces”.
“In this context, France will play its full role,” Barrot said.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
