France said on Wednesday that Israeli Prime Minister Benjamin Netanyahu had immunity given Israel was not a party to the statutes of the International Criminal Court (ICC) that is seeking his arrest, adding it would continue working closely with Netanyahu.
Member countries of the ICC, such as France, are required to detain suspects facing a warrant if they set foot on their sovereign soil, but the court itself has no way to compel them to do so.
Israel is not a signatory to the court.
Paris took nearly a week to define a clear position on Netanyahu, after the court in The Hague issued arrest warrants on Nov. 21 for him, his former defense chief, and Mohammed Deif, a Hamas leader, over their actions during the war in Israel and Gaza.
After initially saying it would adhere to the ICC statutes, the French foreign ministry issued a second statement on Nov. 22 saying it noted that the court’s decision merely formalized an accusation.
Paris took the action amid concerns that Israel could scupper efforts to establish a cease-fire between the Israel Defense Forces (IDF) and Hezbollah in Lebanon.
France’s foreign ministry elaborated, saying it would respect its international obligations and that the Rome Statute that established the ICC provided that a country cannot be required to act in a manner incompatible with its obligations “with respect to the immunities of states not party to the ICC.”
“Such immunities apply to Prime Minister Netanyahu and other relevant ministers and will have to be taken into consideration should the ICC request their arrest and surrender,” the statement said.
The statement said Israel and France had a “historic friendship” and that the two democracies were committed to the rule of law.
Paris said it had plans to continue working closely with Israeli authorities and Netanyahu “to achieve peace and security for all in the Middle East.”
The ICC issued the arrest warrants earlier this month, accusing Netanyahu and his former Defense Minister Yoav Gallant of crimes against humanity in connection with the 13-month war in Gaza.
The warrants said there was reason to believe they had used “starvation as a method of warfare” by restricting humanitarian aid and intentionally targeting civilians in the campaign against Hamas in Gaza.
The Israeli officials deny all the charges.
A cease-fire between Israel and the designated terrorist group Hezbollah came into effect on Wednesday after both sides accepted an agreement brokered by the United States and France.
Netanyahu presented the agreement to his cabinet earlier on Tuesday, which approved the deal by a 10–1 vote.
The cease-fire agreement ends more than a year of cross-border air and rocket attacks, as well as two months of ground operations by Israel aimed at pushing the terrorist group away from its northern border.
The deal calls for Israel to evacuate Lebanese territory within 60 days and for the Lebanese army to move in and secure the area.
Lebanon has committed to having its army continue Israel’s work of destroying Hezbollah’s fortifications near the Israeli border.
The war in Lebanon broke out after Hamas terrorists attacked Israel on Oct. 7, 2023, killing 1,200 Israelis, and has continued alongside the conflict in Gaza.
