France said on Wednesday it intends to continue to work closely with Israeli Prime Minister Netanyahu and the other Israeli authorities despite the International Criminal Court’s recent arrest warrant against the Prime Minister of Israel.
According to the French Foreign Ministry, under the Rome Statute, a state cannot be required to act inconsistently with its international obligations regarding the immunities that states not party to the International Criminal Court (ICC) enjoy. The declaration asserts: “Such immunities apply to Prime Minister Netanyahu and other relevant ministers and will need to be taken into consideration should the ICC request their arrest and surrender.” The ministry also reiterates the historic friendship between France and Israel as two democracies committed to the rule of law.
Israel has rejected the charges, calling the ICC a “biased and discriminatory political body.” Prime Minister Netanyahu claims the arrest warrant was issued by a “corrupt chief prosecutor who is trying to save himself from sexual harassment accusations,” as external investigations into misconduct allegations against top prosecutor Karim Khan continue. Contrary to this, the European Union has taken a strong stance in favor of the ICC decision. High Representative of the Union for Foreign Affairs and Security Policy, Josep Borrell, stated the arrest warrant is binding on all Member States. Despite this, Members of the Union such as Hungary already committed to defying the arrest warrant.
A potential disregard by France for the arrest warrant could infringe on its obligations under Article 86 of the Rome Statute. This requires States to cooperate with the investigation and prosecution of crimes. The ICC also has the power under Article 87 of the Statute to refer a country to the Assembly of States Parties in case of non-compliance with a request for cooperation.