ICC’s decisions must be respected, EU’s Borrell says

High Representative of the European Union for Foreign Affairs and Security Policy Josep Borrell. (Reuters)

• Josep Borrell: “They’re not political. It’s a legal body formed by respected people who are the best among the profession of judges.”

BRUSSEL: Outgoing EU foreign policy chief Josep Borrell has called on all EU member states to respect decisions by the International Criminal Court, including the arrest warrant against Israel’s Prime Minister Benjamin Netanyahu.
“We cannot undermine the International Criminal Court. It is the only way of having global justice,” Borrell, whose term as the EU’s top diplomat ends this month, said in Brussels.
“They’re not political. It’s a legal body formed by respected people who are the best among the profession of judges.”
The ICC issued arrest warrants last week for Netanyahu, his former defense chief Yoav Gallant, and a Hamas leader for alleged war crimes and crimes against humanity in the Gaza conflict.
Though all EU member states are signatories to the ICC’s founding treaty, France said on Wednesday it believed Netanyahu had immunity to actions by the ICC, given Israel has not signed up to the court statutes.
Italy has said it is not feasible to arrest Netanyahu as long as he remains head of Israel’s government.
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.”
Israel, which launched its offensive in Gaza in response to Hamas’ deadly attack on southern Israeli communities on Oct. 7, 2023, has said it will appeal against the warrants for Netanyahu and Gallant.
Asked if France would arrest Netanyahu if he stepped on French territory, Foreign Minister 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.
Unconfirmed media reports have said that Netanyahu angrily raised the issue in telephone talks with President Emmanuel Macron and urged Paris not to enforce the decision. France has been instrumental in efforts to end fighting in the Middle East and, with the US helped broker a ceasefire between Israel and Lebanon.
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 concerning the ... diplomatic immunity of a person.”
France’s stance on potential immunity for Netanyahu prompted some strong reactions 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.