ICC warrants are binding, European Union cannot pick and choose, EU's Borrell says

Several EU states have said they will meet their commitments under the statute if needed, but Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit his country.

By REUTERS NOVEMBER 23, 2024 17:01

European Union foreign policy chief Josep Borrell attends a press conference on the day of EU-Ukraine Association Council in Brussels, Belgium March 20, 2024. (photo credit: REUTERS/YVES HERMAN)

European Union governments cannot pick and choose whether to execute arrest warrants issued by the International Criminal Court (ICC) against two Israeli leaders and a Hamas commander, the EU's foreign policy chief Josep Borrell said on Saturday.

The ICC issued the warrants on Thursday against Israeli Prime Minister Benjamin Netanyahu, his former defense minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri (Mohammad Deif) for alleged crimes against humanity.

All EU member states are signatories to the ICC's founding treaty, called the Rome Statute.

Several EU states have said they will meet their commitments under the statute if needed, but Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit his country, assuring him he would face no risks if he did so.

"The states that signed the Rome convention are obliged to implement the decision of the court. It's not optional," Josep Borrell, the EU's top diplomat, said during a visit to Cyprus for a workshop of Israeli and Palestinian peace activists.

THE INTERNATIONAL Criminal Court in The Hague. (credit: PIROSCHKA VAN DE WOUW/REUTERS)

Those same obligations were also binding on countries aspiring to join the EU, he said.

"It would be very funny that the newcomers have an obligation that current members don't fulfill," he told Reuters.

While Borrell welcomes ICC ruling, US rejects decision

The US rejected the ICC's decision, and Israel said the ICC move was antisemitic.

"Every time someone disagrees with the policy of one Israeli government - (they are) being accused of antisemitism," said Borrell, whose term as EU foreign policy chief ends this month.

"I have the right to criticize the decisions of the Israeli government, be it Mr Netanyahu or someone else, without being accused of antisemitism. This is not acceptable. That's enough."

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In their decision, the ICC judges said there were reasonable grounds to believe Netanyahu and Gallant were criminally responsible for acts including murder, persecution and starvation as a weapon of war as part of a "widespread and systematic attack against the civilian population of Gaza."

The warrant for Mohammad Deif lists charges of mass killings during the Oct. 7, 2023, attacks. Israel says it has killed Deif.