ICC Arrest Warrant for Netanyahu Divides European Capitals
Germany, the UK and France are split in their responses to the ICC arrest warrant.
The International Criminal Court’s (ICC) release of arrest warrants for Israel’s sitting Prime Minister, Benjamin Netanyahu, and former Israeli Defense Minister Yoav Gallant has accentuated deeper fissures throughout Europe and the North Atlantic Treaty Organization (NATO).
The warrants - issued on November 21- are part of the court’s ongoing prosecution of Israeli officials after they sent its forces into Gaza in response to the terrorist attack on October 7 last year. The ICC prosecutor Karim Khan has accused Netanyahu and Gallant of perpetrating “crimes against humanity” and “war crimes.”
Hamas murdered 1,200 Israeli civilians and kidnapped over 200 hostages, some of them US and European citizens. Gaza health officials reported more than 44,000 deaths and more than 104,000 injuries since Israel started military operations.
The war in Gaza has sparked anti-Israel protests in Europe, the US and Canada, as well as pro-Israel demonstrations. All major European NATO nations, as signatories to the Rome Statute, are obligated to arrest the Israeli officials.
The ICC also released an arrest warrant for Hamas leader Mohammed Diab Ibrahim al Masri, despite Israeli officials previously confirming his death during a July 13 airstrike back on August 1.
Germany, UK Split from France on ICC Arrest Warrant Stance
Europe’s most important NATO members and the continent’s three largest economies – Germany, the United Kingdom and France – are split in their responses to the ICC arrest warrant.
Germany has confirmed it would respect the ICC’s decision but pointed out the distinction between its theoretical and practical application. German Foreign Affairs Minister Annalena Baerbock said Germany will respect the warrant “at the European level and internationally.”
However, she declined to comment on “theoretical” scenarios regarding an actual arrest. Meanwhile, the German federal government’s chief spokesman, Steffen Hebestreit, told reporters that it would be “hard to imagine that we would make arrests on this basis.”
The United Kingdom took a more definite position. “The UK will always comply with its legal obligations as set out by domestic law, and indeed international law,” Prime Minister Sir Keir Starmer’s spokesman said in a statement.
The Labour Chair of the UK parliament’s Foreign Affairs Committee, Emily Thornberry, went further. It’s “not really a question of should,” she told SkyNews. “If Netanyahu comes to Britain, our obligation under the Rome Convention would be to arrest him under the warrant from the ICC.”
France Argues ICC Can’t Compel Carry Out Arrests
France, meanwhile, has struck a different stance. The French Foreign Ministry argued that the ICC has no authority to compel signatory-nations to effectuate an arrest, given Israel is not party to the Rome Statute.
“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 Quai d’Orsay asserted in a November 27 statement.
“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.”
The Foreign Ministry added that it 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." The ministry pointed to its “long-standing friendship between France and Israel” and their commitment “to the rule of law and to respect for a professional and independent justice system.”
Erdogan Says ‘Noose’ Is Tightening Around Netanyahu
Of all the NATO members, unsurprisingly, Turkey has taken the strongest stance against Israel. President Recep Tayyip Erdogan said on November 25 that “the noose is tightening around Netanyahu and his gang,” referencing the ICC warrants, according to Turkish state media outlet Anadolu.
In May 2024, Erdogan dissolved all economic ties with Israel, while continuing to pursue membership in the BRICS bloc, a Russian Chinese-dominated economic cooperation aimed at the eroding Western economic hegemony.
Likewise, the Turkish President announced his government will sever all diplomatic relations with Israel, an officially recognized “NATO partner.”
“As a nation and government of the Turkish Republic, we have decided to cut diplomatic ties with Israel, and we currently have no relations with them,” Erdogan remarked on November 13.
President-Elect Trump Administration Opposes ICC Warrants
While not a signatory to the Rome Statute, the US is NATO’s largest contributor and could play a significant role should any country decide to execute the ICC warrants.
“With Trump due to begin a second term in January, foreign governments will need to think hard about whether they are going to comply with the ICC’s illegitimate warrants,” Orde Kittrie, a Senior Fellow at the Foundation for Defense of Democracies, said.
“If any foreign government arrests Netanyahu or Gallant, US law authorizes the president to shut the ICC down and even take military action to liberate them.”
The new administration has not signaled this will be its policy. However, Kittrie did note that the law in question specifically cites the arrest of an Israeli leader as a situation in which this course could be pursued.
President-elect Trump’s incoming administration has already voiced its opposition to the ICC warrants. Nominee for incoming National Security Advisor, US Representative Mike Waltz (FL), wrote on X, “Israel has lawfully defended its people & borders from genocidal terrorists. You can expect a strong response to the antisemitic bias of the ICC & UN come January.”
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