France Reverses Stance, Saying It Would Not Arrest Israeli Officials Despite International Criminal Court Order

The tune-changing was influenced by the cease-fire agreement between Israel and Lebanon. Paris might have also feared pending U.S. legislation that threatens to impose sanctions on ICC officials and on countries that cooperate with the arrest warrants.

AP, file
President Macron at the Elysee Palace at Paris, February 26, 2024. AP, file

Reversing prior statements, France is saying that despite an International Criminal Court order, Prime Minister Netanyahu may visit Paris without fear of being arrested. 

The French about-face was ridiculed in Israel, where the Hague court was widely condemned for issuing international arrest warrants against Mr. Netanyahu and a former Israeli defense minister, Yoav Gallant. Separately, Jerusalem on Wednesday appealed the ICC’s November 20 decision, contesting its jurisdiction over Israel.   

President Macron reportedly buckled under American pressure. The Paris foreign ministry on Wednesday acknowledged that “immunities of states not party to the ICC,” such as Israel, “apply to Prime Minister Netanyahu and other relevant ministers.”

France’s tune-changing was influenced by Tuesday’s announcement of a cease-fire agreement between Israel and Lebanon. Paris might have also feared pending legislation in the U.S. Senate that threatens to impose sanctions on ICC officials and on countries that cooperate with the arrest warrants.  

“International law, it turns out, is more international than law,” a political commentator on Israel’s Channel 12 television, Amit Segal, quipped, voicing the country’s skepticism over the ICC.  

“Parallel to the efforts in Congress, Israel submitted an announcement to the ICC today regarding its intention to appeal to the court along with a demand to delay implementation of the arrest warrants,” a statement issued by Mr. Netanyahu’s office said Wednesday.    

The statement noted that in a meeting, Senator Graham updated the Israeli premier on his proposed legislation to sanction countries that cooperate with the Hague’s arrest warrants. “If you empower this folly by the ICC, you will do no business with America,” Mr. Graham told reporters at Jerusalem’s King David Hotel. 

While Mr. Macron was apparently cognizant of Mr. Graham’s legislation, he was also under pressure from President Biden. “We, along with France and others, will provide the necessary assistance to make sure this deal is implemented fully and effectively,” Mr. Biden said Tuesday in his announcement of the Israel-Lebanon cease-fire agreement. 

Several sources tell the Sun that in negotiations over the last few weeks, Beirut demanded that France, its former colonial ruler, take part in overseeing the cease-fire agreement. Mr. Netanyahu objected, arguing that a country that threatens to arrest Israeli leaders could not be a fair arbiter.

Mr. Macron, who has been weakened politically at home, was eager to claim authorship of the cease-fire agreement. Mr. Biden’s praise for the French president’s role in Lebanese diplomacy came only after Washington was assured that Paris would change its position on the ICC.  

On November 20 three ICC judges endorsed the recommendation of the court prosecutor, Karim Khan, to issue arrest warrants against Messrs. Netanyahu and Gallant. The judges also issued a warrant against the Hamas military chief, Mohammed Deif, who was killed in Gaza in July.  

France was one of several European countries that quickly announced they would execute the court’s arrest order against the Israeli leaders. Now, though, Paris claims that leaders of non-ICC members are immune from arrest. 

ICC supporters posted two Reuters headlines on X after Paris changed its view. “France On ICC Arrest Warrant For Putin: No One Should Escape Justice,” a March 17, 2023, headline reads following the Hague’s call for the Russian president’s arrest. “France Says Netanyahu Has Immunity, Will Continue to Work With Him,” the news agency writes today. 

Russia is not an ICC member. Nor are America, Communist China, India, Israel, or many others. The Hague claims jurisdiction over Moscow because it is fighting a war in the territory of another non-ICC member, Ukraine. Kyiv announced last year that it would accept the court’s investigations into Mr. Putin’s culpability in alleged war crimes. 

The Rome Statute that rules the ICC says non-signatories are outside the court’s jurisdiction. Yet, the prosecutor, Mr. Khan, on Wednesday called for an arrest warrant to be issued against a junta leader,  Min Aung Hlaing of Myanmar, another country not aligned with the court.    

The ICC claims jurisdiction over Israelis based on complaints by the Palestinian Authority. Recognized by the United Nations General Assembly as a “state under occupation,” Ramallah became an ICC member and then filed a complaint there over Israel’s conduct in its territory, Gaza. The PA has had no access to the Strip since Hamas violently asserted control there in 2007. 

The Palestinian Authority’s ICC move is part of a wider assault on Israel in various international organizations. This week, its UN ambassador, Riyad Mansour, circulated a new proposal to convene at the General Assembly a “high-level international conference.” 

The proposed conference would “urgently chart an irreversible pathway towards the peaceful settlement of the Question of Palestine and the implementation of the two-State solution.” After the Hamas terrorist attack of October 7, 2023, most Israelis soured on the idea of that “solution,” deeming it as unrealistic as the prospect that Mr. Netanyahu could be dragged to a Hague trial.


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