It said the Israeli leader was covered by immunity rules that apply to states which are not a party to the ICC. Israel is not an ICC member.
“A state cannot be held to act in a way that is incompatible with its obligations in terms of international law with regards to immunities granted to states which are not party to the ICC,” the French statement said. “Such immunities apply to Prime Minister Netanyahu and other ministers in question, and must be taken into consideration should the ICC ask us to arrest them and hand them over,” it said.
Earlier Wednesday, Foreign Minister Jean-Noel Barrot had already said that France considered that some leaders could enjoy immunity from ICC prosecution. Asked if France would arrest Netanyahu if he stepped on French territory, Jean-Noel Barrot did not give a specific answer in an interview with Franceinfo radio.
He said France “is very committed to international justice and will apply international law based on its obligations to cooperate with the ICC.” But he added that the court’s statute “deals with questions of immunity for certain leaders”. “It is ultimately up to the judicial authorities to decide,” he added.
Unconfirmed media reports have said that Netanyahu angrily raised the issue in telephone talks with President Emmanuel Macron and urged Paris not to enforce the decision.
Article 27 of the Rome Statute – the foundation of the ICC – states that immunity “shall not bar the Court from exercising its jurisdiction over such a person.” But article 98 says a state cannot “act inconsistently with its obligations under international law with respect to the… diplomatic immunity of a person.”
France’s stance on potential immunity for Netanyahu prompted some strong reactions Wednesday, both at home and abroad.
Amnesty International called the French stance “deeply problematic”, saying it ran counter to the government’s obligations as an ICC member. “Rather than inferring that ICC indictees may enjoy immunity, France should expressly confirm its acceptance of the unequivocal legal duty under the Rome Statute to carry out arrest warrants,” said Anne Savinel Barras, president of Amnesty International France.
French Green party boss Marine Tondelier, calling the government’s stance “shameful”, said it was probably the result of an agreement between the French and Israeli leaders. […] “Again, France is bending over backwards to meet Benjamin Netanyahu’s demand to pick him over international justice,” she said.
Except there are several people indicted and arrested on ICC authority from African countries that are not Rome Statute signatories. So the whole argument is invalid on its face.
France is just another Western country that tries to cover for Israel since they are afraid that if the warrant is executed other Western countries might start to be indicted for their own crimes. Pathetic.