French government says Netanyahu is ‘immune’ from ICC prosecution, wouldn’t arrest him

The French government will not carry out the arrest warrant issued against Benjamin Netanyahu by the International Criminal Court for his alleged role in directing the IDF to carry out crimes against humanity.

In a statement released by the country’s foreign office, French authorities wrote that the Rome Statue – which established the ICC – established that leaders of states which have not signed the treaty are immune from prosecution.

Israel, like the United States, did not sign up to the statue and has never been a member of the court.

The ICC asserts that it does have jurisdiction over the IDF’s actions in Gaza, because Palestine was allowed to join in 2015 after their delegation was admitted to the United Nations as an observer state.

France’s foreign office said it believes Netanyahu and Yoav Gallant, Israel’s former defence minister who has also been accused of directing crimes against humanity, are immune from prosecution.

It said: “In accordance with the long-standing friendship between France and Israel, two democracies committed to the rule of law and to respect for a professional and independent justice system, France intends to continue working in close cooperation with Prime Minister Netanyahu and the other Israeli authorities to achieve peace and security for all in the Middle East.”

The ICC has no enforcement powers and relies on the 124 states that are its members to enact its arrest warrants.

The Netherlands, in which the court in based, Ireland and Canada have all said they will arrest Netanyahu and Gallant. 

Britain has refused to comment directly but has indicated that they would detain the Israeli prime minister were he to visit the UK.

In a statement last week, a government spokesperson said: “We respect the independence of the International Criminal Court which is the primary international institution for investigating and prosecuting the most serious crimes of international concern.

“This government has been clear that Israel has a right to defend itself, in accordance with international law. There is no moral equivalence between Israel, a democracy, and Hamas and Lebanese Hezbollah, which are terrorist organisations.”

The ICC is seeking to try Netanyahu and Gallant over claims that they deliberately blocked humanitarian aid and medical supplies from entering Gaza, that they used starvation as a method of warfare, and that they targeted Palestinians on the grounds of their identity.

The court believes the Israeli leaders "intentionally and knowingly" deprived Palestinian civilians of food, water and medicine from the start of their campaign in Gaza till at least May of this year.

The humanitarian aid that was granted, they say, was only allowed because of pressure from the international community and the US government.

"In any event,” the court said in a statement, “the increases in humanitarian assistance were not sufficient to improve the population’s access to essential goods.”

Israeli officials have angrily denounced the ICC’s move.

President Isaac Herzog said: "The decision chose the side of terrorism and evil over democracy and freedom and turned the international justice system itself into a human shield for Hamas's crimes against humanity."