EU says arresting Netanyahu ‘not optional’ as members waiver on warrant- Washington Examiner
The International Criminal Court (ICC) is currently facing significant challenges in asserting its authority following the issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The warrant accuses him of committing war crimes and crimes against humanity, particularly in relation to alleged starvation as a tactic in the conflict with Hamas. Alongside Netanyahu, warrants have also been issued for former Israeli Defense Minister Yoav Gallant and Hamas leader Ibrahim Al-Masri.
Many member states have expressed reluctance or outright refusal to enforce the arrest warrants, raising questions about the ICC’s effectiveness. For instance, Italian Foreign Minister Antonio Tajani stated that it would be impractical for Netanyahu to visit any country where he could be arrested. On the other hand, the European Union maintains that action against such warrants is mandatory for member states. Various nations, including Ireland and the Netherlands, have stated their readiness to arrest Netanyahu if he enters their jurisdictions, while others, like France and Germany, have expressed reservations based on historical relations with Israel.
Beyond Europe, responses vary. Canada’s Prime Minister Justin Trudeau emphasized his government’s commitment to international law, while Argentina has expressed solidarity with Israel against the ICC. The United States, not a member of the ICC, has also condemned the warrants. President Biden described them as outrageous, emphasizing the U.S.’s strong support for Israel.
The situation underscores the ICC’s reliance on member states to enforce its decisions, highlighting the complexities of international law and diplomacy when political considerations come into play.
ICC struggles to project authority in wake of Netanyahu arrest warrant
The International Criminal Court (ICC) is struggling to maintain its authority as member states debate whether to adhere to their most basic obligations.
The ICC issued a warrant for the arrest of Israeli Prime Minister Benjamin Netanyahu on Thursday, accusing the prime minister of committing war crimes and crimes against humanity through the alleged use of starvation as a weapon in Israel’s war against the terrorist group Hamas. Warrants were also issued by the ICC for the arrest of former Israeli Defense Minister Yoav Gallant and Hamas leader Ibrahim Al-Masri.
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Multiple member states have already expressed an inability or unwillingness to follow through with the directive to arrest a sitting world leader.
“Netanyahu would never go to a country where he can be arrested,” said Italian Foreign Minister Antonio Tajani following a G7 meeting on Tuesday. “The arrest of Netanyahu is unfeasible, at least as long as he is prime minister.”
Italy had pressed for the G7 to directly engage with the warrant, but the international alliance largely dodged the question of arresting Netanyahu in its post-meeting communiqué.
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“You have to be very pragmatic because when something in theory isn’t applicable, it runs the risk of being just a political message,” Tajani said.
The Italian government’s skepticism directly contradicts the European Union’s position that arresting Netanyahu is non-negotiable.
Josep Borrell, the High Representative of the European Union for foreign affairs and security policy, told an audience in Cyprus over the weekend that there was no room for debate on enforcing ICC warrants.
“The states that signed the Rome convention are obliged to implement the decision of the court,” Borrell said. “It’s not optional.”
The court, which has also issued high-profile warrants against President Vladimir Putin and other top Russian officials, maintains no police or military body and relies on member states’ obedience to enforce its mandates.
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Multiple European nations have explicitly affirmed their preparedness to arrest the Israeli leader, including Ireland, the Netherlands, and Switzerland.
Most member countries in Europe have tried to walk a tightrope between rejecting the ICC and explicitly affirming their willingness to act on the warrant.
“I find it hard to imagine that we would make arrests on this basis,” said German government spokesman Steffen Hebestreit, explaining “it is a consequence of German history that we share unique relations and a great responsibility with Israel.”
On Wednesday, France suggested Netanyahu had “immunities” from prosecution.
“True to its long-standing commitment to supporting international justice, it reiterates its attachment to the independent work of the Court, in accordance with the Rome Statute,” Lemoine said.
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Hungarian Prime Minister Viktor Orban left no room for doubt — the leader bragged he would personally invite Netanyahu to visit and publicly disregard the warrant in protest.
Outside Europe, member states are no more unified.
Canadian Prime Minister Justin Trudeau said his government would “stand up for international law” and “abide by all the regulations and rulings of the international courts” if Netanyahu entered their country.
Opposition leader Pierre Poilievre immediately capitalized on the prime minister’s words and called for him to be ousted.
“He’s interested in arresting the leader of a democratically-elected government, the state of Israel, which has been besieged by terrorists and foreign tyrants attacking its land,” said Poiliever. “That’s why we need to fire him and get back to a common-sense Conservative government that will stand with all our allies against terrorism and tyrants.”
Argentina has disregarded the ICC, expressing “solidarity towards Israel” and “vindicat[ing] its right to protect its people.”
The United States, Israel’s closest and most powerful ally, is not a member of the ICC and is not obligated to follow its mandates. Regardless, President Joe Biden released a statement calling the warrants against Netanyahu and Gallant “outrageous.”
“Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas,” the White House statement read. “We will always stand with Israel against threats to its security.”
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The U.S. is the only member of the G7 that is not also a member of the ICC.
Iranian supreme leader Ayatollah Ali Khamenei, perhaps the most belligerent enemy of Israel in the world, said the threat of arrest is insufficient.
“They issued an arrest warrant for [Netanyahu]. It’s not enough,” Khamenei said in audience with a group affiliated with the Revolutionary Guard corps. “The death sentence of these criminal leaders should be issued.”
The ICC is not vested with the authority to issue the death penalty.
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