French Foreign Minister Jean-Noel Barrot during a press conference in Poland (file) – Europa Press/Contacto/Marek Antoni Ivanczuk
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Paris emphasizes that these “immunities” contemplated by the Rome Statute “must be taken into account” by the courts if necessary.
MADRID, 27 (EUROPA PRESS)
The Government of France has stated this Wednesday that the Israeli Prime Minister, Benjamin Netanyahu, would have “immunity” from the arrest warrant issued last week by the International Criminal Court (ICC) against him and his former Defense Minister Yoav Gallant for alleged war crimes within the framework of the offensive launched against the Gaza Strip.
The French Foreign Ministry has indicated that Paris “will respect its international obligations, including the fact that the Rome Statute requires full cooperation with the ICC and also establishes that a State cannot be required to act in a manner incompatible with its obligations.” under International Law regarding the immunities of States that are not parties”.
“These immunities apply to Prime Minister Netanyahu and other relevant ministers and must be taken into account in the event that the ICC requests their arrest and surrender,” he said in a statement, in which he also highlighted the “historic friendship” between France and Israel.
In this sense, he has delved into the fact that both countries are “democracies committed to the rule of law and respect for a professional justice apparatus and independence”, before showing his willingness to work with Netanyahu and the Israeli authorities to “achieve peace and security for all in the Middle East.
The statement was published shortly after the head of French diplomacy, Jean-Noel Barrot, stated in an interview with the France Info television network that “certain leaders” could have immunity before the ICC, before insisting that France “is very committed to international justice and will apply International Law, based on its obligations, to cooperate with the ICC.”
However, he clarified that the Rome Statute “addresses issues of immunity of certain leaders” and has stressed that “in any case, it is ultimately up to the judicial authorities to make a decision” on whether to proceed with the arrest if Netanyahu travels. to French territory.
Barrot’s words marked the first time that a member of the French Government appealed for possible “immunity”, after several media reported a conversation between Netanyahu and the President of France, Emmanuel Macron, in which ‘Bibi’ He would have asked him not to arrest him if he traveled to the country.
Thus, the French Government appears to be referring to article 98 of the Rome Statute, which states that the court “will not give effect to a request for surrender or assistance by virtue of which the requested State must act in a manner incompatible with the obligations imposed by international law with respect to the immunity of a State or the diplomatic immunity of a person or property of a third State, unless the court first obtains the cooperation of that third State in waiving immunity.”
This same article further specifies that “the court will not grant a request for surrender by virtue of which the requested State must act in a manner incompatible with the obligations imposed on it by an international agreement under which the consent of the sending State is required.” to surrender to court a person subject to the jurisdiction of that State, unless he or she first obtains the cooperation of the sending State to consent to the surrender.”
In this way, France would take advantage of the fact that, as a “requested State” in the event that Netanyahu or Gallant travel to its territory, it could not proceed with their arrest so as not to act in an incompatible manner with respect to the immunity of these people, given that Israel It is not a State party to the ICC and they have not withdrawn the immunity granted to them as members of the Israeli Government on official travel.
The arrest warrants were issued against Netanyahu and Gallant for alleged war crimes and crimes against humanity perpetrated within the framework of the military offensive launched more than a year ago against the Gaza Strip in response to the attacks carried out on October 7, 2023. by the Islamic Resistance Movement (Hamas) and other Palestinian factions.
Following this, the High Representative of the European Union (EU) for Common Foreign and Security Policy, Josep Borrell, stressed that they are “binding”, although some countries in the bloc have shown a cautious stance or have even openly said that They would not stop Netanyahu, as in the case of Hungary.