Warrants of ICC are binding, Borrell says

High Representative of the European Union for Foreign Affairs and Security Policy Josep Borrell speaks during a conference in Nicosia, Cyprus November 23, 2024. (REUTERS)
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  • I have the right to criticize the decisions of the Israeli government without being accused of antisemitism

NICOSIA: EU governments cannot pick and choose whether to execute arrest warrants issued by the International Criminal Court against two Israeli leaders and a Hamas commander, the EU’s foreign policy chief 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 for alleged crimes against humanity.
All EU member states signed the ICC’s founding treaty, 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 must implement the court’s decision. 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.
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 said.
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.”
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 Al-Masri lists charges of mass killings during the Oct. 7, 2023, attacks. Israel says it has killed Al-Masri.
Turkiye’s President Recep Tayyip Erdogan has praised the “courageous decision” of the International Criminal Court to seek the arrest of Netanyahu and Gallant.
“We support the arrest warrant. We consider it important that this courageous decision be carried out by all country members of the accord to renew the trust of humanity in the international system,” Erdogan said in a speech in Istanbul.
“It is imperative that Western countries — who for years have given the world lessons on law, justice, and human rights — keep their promises at this stage,” added Erdogan, whose country is not a state party in the ICC accord.
Erdogan has become a fierce critic of Israel since the start of its military offensive on Gaza in October 2023.
He has vowed several times to make sure that Israel’s prime minister is “brought to account” over the Israeli military campaign in the Palestinian territory.
Turkiye and 52 other countries this month sent a letter to the UN demanding an end to arms sales and deliveries to Israel.