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France’s foreign ministry have reiterated that Israeli Prime Minister Benjamin Netanyahu enjoys “immunity” from prosecution before the International Criminal Court (ICC). The ICC last week issued arrest warrants for Netanyahu and his former defence minister Yoav Gallant for war crimes and crimes against humanity in relation to Israel’s war in Gaza.
Provisions for immunity from prosecution at the International Criminal Court apply to Israeli Prime Minister Benjamin Netanyahu, the French foreign ministry said Wednesday.
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.
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“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.
The ICC this month issued warrants for Netanyahu, former Israeli defence minister Yoav Gallant and Hamas military chief Mohammed Deif. Netanyahu has slammed the move.
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.