On November 21, the International Criminal Court (ICC) issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Galant for crimes against humanity in Gaza. Many countries, including the European Union, have announced that Netanyahu will be arrested if he goes to their country after the issuance of this ICC warrant.
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However, Hungary has recently said that it will not comply with this ICC order. Not only that; The country has warmly invited Netanyahu to visit their country. After such words of Hungary, France also started to give different indications.
Initially, the country said that it would comply with the ICC restrictions, but now the country is making a new argument. In this case, Paris argues that the warrant issued against the Israeli prime minister for war crimes is not valid; Because Israel is not a member of the ICC.
The rest of the countries can make the same argument as France. Because Israel is not a member of the ICC, it applies to everyone. Is Netanyahu free from the ICC arrest warrant? Can't he be arrested?
What is the legal validity of this argument in France?
Article 27 of the Rome Statute established the Court. This means that judgments 'apply equally to all persons without distinction on the basis of governmental power' and 'under no circumstances exempt a person from criminal responsibility.'
Human Rights Watch's UK Director Yasmin Ahmed said in this regard, "France has the responsibility to cooperate with the ICC Court under the Rome Statute." So France's responsibility for that cooperation is now to execute the arrest warrant.'
That is, even if France argues, it is not correct. Being a member of the ICC, they are obliged to arrest Netanyahu according to the organization's rules.