France, Belgium, Germany Back ICC Arrest Warrants Request for Israel, Hamas Leaders

The courtroom of the International Criminal Court (ICC) building in The Hague, The Netherlands, on Nov. 23, 2015. Martijn Beekman/ANP/AFP via Getty Images

Three European Union nations—France, Belgium, and Germany—have voiced support for the International Criminal Court (ICC) after its chief prosecutor requested arrest warrants for Israeli and Hamas leaders over their alleged war crimes in Gaza.

ICC chief prosecutor Karim Khan announced on May 20 his decision to pursue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, along with three Hamas leaders, alleging that they engaged in “war crimes and crimes against humanity” in Gaza and Israel.

France, Belgium, and Germany have since issued statements expressing their support for the ICC.

“France supports the International Criminal Court, its independence, and the fight against impunity in all situations,” the French foreign ministry said in a statement.

The ministry said it would be up to the ICC’s preliminary chamber to decide on the issuance of these warrants, considering “the evidence put forward by the Prosecutor to back up his accusations.”

It added that France has, for months, emphasized the need for strict compliance with international humanitarian law and “particularly the unacceptable nature of civilian losses in the Gaza Strip and insufficient humanitarian access.”

“France is committed to the search for a lasting political solution in the region, which alone can restore a horizon of peace and put an end to the suffering of both Israelis and Palestinians,” the ministry stated.

Belgium’s Foreign Minister Hadja Lahbib stated that Mr. Khan’s arrest warrant applications for both Israeli and Hamas leaders mark “an important step” in investigating the situation in Gaza.

“Crimes committed in Gaza must be prosecuted at the highest level, regardless of perpetrators. The fight against impunity wherever crimes occur is a priority for Belgium,” Ms. Lahbib stated on X, formerly Twitter.

Germany’s foreign ministry said it respects the ICC’s independence and legal procedures but added that the court will need to address questions regarding its jurisdiction over the Israel–Hamas war.

“The Court will have a host of difficult questions to answer here, including in particular the question as to its jurisdiction and the complementarity of investigations carried out by affected states governed by the rule of law, which include Israel,” the ministry stated.

“The simultaneous applications for arrest warrants for the Hamas leadership on the one hand and the two Israeli officials on the other have resulted in an incorrect implication of equivalence,” it added.

The ICC prosecutor has accused Mr. Netanyahu and Mr. Gallant of enabling the Israeli army to use starvation as a method of warfare in their ongoing response to Hamas’s Oct. 7, 2023 attack and allowing attacks that have allegedly targeted civilian populations in the Gaza Strip.

The requested arrest warrants also target three Hamas leaders—namely Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh—for the killings and kidnappings that Hamas terrorists committed when they entered southern Israel on Oct. 7 last year, and for allegations of sexual violence and torture during the attack.

US Opposes Arrest Warrants for Israeli Leaders

Secretary of State Antony Blinken in San Francisco, Calif., on May 6, 2024. Loren Elliott/AFP via Getty Images

The United States has rejected the arrest warrant applications and criticized Mr. Khan for equating the actions of Israeli leaders with those of Hamas terrorists.

Secretary of State Antony Blinken said the court has no jurisdiction over the Gaza war and argued that Israel was prepared to cooperate with Mr. Khan and his investigation despite not being a member of the ICC.

Mr. Blinken added that Mr. Khan’s staff was supposed to arrive in Israel on May 20 to coordinate a meeting with the Israeli government. However, Israeli officials were later informed that Mr. Khan’s team did not board their flight, around the same time that the ICC chief prosecutor went on cable television to announce the charges against the Israeli leaders.

“These and other circumstances call into question the legitimacy and credibility of this investigation,” Mr. Blinken said in a statement.

Israel is not a member of the ICC, and even if the arrest warrants are issued, the Israeli leaders do not face an immediate risk of prosecution. However, Mr. Khan’s decision could further isolate Israel from the international community as it presses ahead with its war, and the threat of arrest could dissuade the Israeli leaders from traveling abroad.

Ryan Morgan contributed to this report.