France says ‘immunities apply’ to Netanyahu regarding ICC arrest warrant

Provisions for immunity from prosecution at the International Criminal Court (ICC) apply to Israeli Prime Minister Benjamin Netanyahu, the French foreign ministry said on Wednesday, November 27. In a statement the ministry reaffirmed its commitment to international justice after the ICC issued an arrest warrant for Netanyahu, but also said that the Israeli leader was covered by immunity rules that apply to states which are not a party to the ICC. Israeli 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 read. “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 continued.

The statement goes on to say: “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.”

‘Certain leaders’

Earlier Wednesday, Foreign Minister Jean-Noël 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, 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.” However, 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.

Earlier this month, the ICC issued warrants for Netanyahu, former defense minister Yoav Gallant and Hamas military chief Mohammed Deif. The EU’s foreign policy chief Josep Borrell has said the arrest warrants are “binding” and should be implemented. However, unlike some European states, France has so far taken a more cautious stance on the warrants.

Barrot’s comments marked the first time a top French official has evoked a possible immunity.

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.” However, article 98 says a state cannot “act inconsistently with its obligations under international law with respect to the (…) diplomatic immunity of a person.”

Amnesty: ‘Deeply problematic’

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. “Surely that was the deal, that France would get a mention in the official statement announcing the ceasefire in Lebanon that was published by France and the United States yesterday,” she said on X. “Again, France is bending over backward to meet Benjamin Netanyahu’s demand to pick him over international justice,” she said.