France faces backlash for shielding Netanyahu from ICC arrest warrant Macron’s cunning strategy unmasked

On November 28, the French Ministry of Foreign Affairs released a statement that has ignited significant diplomatic debate. 

The French government, led by President Emmanuel Macron, clarified its stance on cooperation with the International Criminal Court (ICC), particularly in relation to the arrest warrant issued against Israeli Prime Minister Benjamin Netanyahu, Caliber.Az reports citing exclusive material by Le Point.

While France confirmed its commitment to respecting international law, it asserted that it would not act on the arrest warrant concerning Netanyahu, citing his immunity as a head of state of a non-ICC member country, namely Israel.

In other words, France, which signed the Rome Statute in 1998 that established the ICC, clarified that it would not arrest the Israeli Prime Minister, who has been the subject of an arrest warrant for "war crimes" and "crimes against humanity" in Gaza since November 21, nor would it transfer him to The Hague for trial, if he were to set foot on French soil.

While Article 27 of the Rome Statute stipulates that "immunities or special procedural rules attached to the official capacity of a person... do not prevent the Court from exercising its jurisdiction over that person," Article 98 introduces an exception for the arrest and surrender of officials from non-member states like Israel.

However, this idea was rejected by the ICC Pre-Trial Chamber on October 24. Concerning Mongolia's refusal to arrest Russian President Vladimir Putin, who does not recognize the ICC's jurisdiction, the Court reaffirmed that "States Parties have an obligation to arrest and surrender individuals subject to an ICC arrest warrant, regardless of their official position or nationality."

The French announcement was unexpected and caused an outcry among international human rights organizations. "France’s position is deeply problematic," responded Agnès Callamard, former UN special rapporteur on extrajudicial executions and now Secretary-General of Amnesty International. "Rather than concluding that individuals indicted by the ICC can benefit from immunity, France should expressly confirm its legal obligation to execute arrest warrants under the Rome Statute and assert that all individuals subject to an ICC arrest warrant will be arrested and handed over to the Court if they are on French territory."

The statement from the Quai d'Orsay clarified France's position, ending nearly a week of uncertainty in Paris regarding the potential implications of Netanyahu’s visit to France. Following the announcement from The Hague on November 21, the French diplomatic service acknowledged the ICC's decision in a statement, reiterating "its commitment to the independent work of the Court in accordance with the Rome Statute."

However, on the same day, the Quai d'Orsay spokesman expressed initial doubts about France's intentions. Christophe Lemoine noted in a press briefing that the question of Netanyahu’s arrest in France was "legally complex." Similarly, French Foreign Minister Jean-Noël Barrot indicated two days later in an interview that France "will always apply international law," without directly addressing the question of Netanyahu's potential visit to France.

France's relative caution is likely linked to a recent phone call between Benjamin Netanyahu and Emmanuel Macron. According to RMC radio, Netanyahu expressed his anger over the first statement issued by the Quai d'Orsay on November 22. During the phone call, Netanyahu reportedly sought to influence Macron not to implement the ICC's decision.

"After the ICC arrest warrants were issued, Prime Minister Netanyahu did indeed inquire about France’s stance on these warrants," confirmed a source close to the French president. "The president had the opportunity to explain France's obligations in this regard. As a party to the Rome Statute, France is obligated to respect and fully cooperate with the ICC. Additionally, the International Court of Justice (ICJ), another element of international law, provides for cases of immunity."

According to reports, the two leaders also discussed finalizing details related to the ceasefire in Lebanon, with France, alongside the United States, playing a significant role in the monitoring committee responsible for ensuring the implementation of UN Resolution 1701. During this phone call, their final differences were reportedly resolved. The Israeli press is even more explicit, with Haaretz citing an Israeli source that France’s statement on Netanyahu's immunity was part of Israel's "demands during negotiations for an agreement" on Lebanon.

"It was the price to pay for France to have a stake in the Lebanon deal," another Israeli source told Le Point. "For Paris to play a role, Emmanuel Macron had to take three steps back through his Ministry of Foreign Affairs, speaking of diplomatic immunity. That was the balance that was found."

By Tamilla Hasanova