ICC arrest warrants: on Benjamin Netanyahu's immunity, France lies

The FIDH and the LDH are stepping up to the plate against the French position on Netanyahu’s presumed immunity. In a scathing press release, the two organizations denounce the “willful confusion” maintained by the Quai d’Orsay concerning arrest warrants issued by the International Criminal Court. For these human rights defenders, it’s simple: lhe Rome Statute provides no immunity for leaders, even of non-ICC member states. A position that they support by recalling the recent case law in the Putin affair.

“ ICC arrest warrants are non-negotiable », insists Alexis Deswaef, vice-president of the FIDH, who criticizes the French desire to maintain “close collaboration” with people prosecuted for war crimes.

The president of the LDH, Nathalie Tehio, points out the inconsistency of the French position: no immunity had been mentioned for Putin. A posture which, according to her, “is detrimental to France’s words, particularly vis-à-vis the countries of the South”.

The FIDH and LDH press release

ICC arrest warrants: on Benjamin Netanyahu’s immunity, France lies

The International Federation for Human Rights (FIDH) and its member organization in France, the Human Rights League (LDH), categorically disapprove of the statements of French diplomacy on the alleged immunity of Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant.
The arrest warrants of the International Criminal Court (ICC) against the two Israeli officials must apply, as specified by Article 27 of the Rome Statute which invalidates any immunity in this context.
France is legally required under Chapter IX of the Rome Statute to cooperate fully with the Court, including in the arrest and surrender of individuals sought by the Court when those individuals are on its territory.

Paris, November 27, 2024. While France is committed to “ vigorously enforce its obligations » with regard to the arrest warrants issued by the ICC against Netanyahu and Gallant, on November 26, 2024, its position was tarnished by a statement from the Ministry of Europe and Foreign Affairs propagating willful confusion on immunity fictitious “ States not party to the ICC “.

Such immunity is explicitly contradicted by the Rome Statute which France itself ratified. Article 27(2) provides that any “immunities or special procedural rules which may attach to the official capacity of a person (…), shall not prevent the Court from exercising its jurisdiction over this person.”

ICC arrest warrants are not negotiable, » asserts Alexis Deswaef, vice-president of FIDH and lawyer appointed to the ICC. “ These are decisions issued by judges based on material evidence of international crimes. Announcing that we intend to continue working in close collaboration with an individual subject to an arrest warrant for war crimes and crimes against humanity is ignominy. »« Such comments are unacceptable and below the rigor and competence expected of French diplomacy. Such suspicion cast on the effectiveness of international law dangerously weakens it, at a time when there is an urgent need for it. France must immediately correct its declarations and recall that it will execute the decisions of the ICC » denounces Nathalie Tehio, president of the LDH. “ There was no question of immunity for Mr. Putin: this double standard is detrimental to France’s word, particularly vis-à-vis the countries of the South. »

A statement contrary to jurisprudence

The jurisprudence of the ICC indeed confirms this. On October 24, 2024, Pre-Trial Chamber II of the ICC concluded that in “ by not arresting Mr. Putin while he was on its territory and by not surrendering him to the Court, Mongolia did not respond to the Court’s request for cooperation in this regard, contrary to the provisions of the Rome Statute, thereby preventing the Court from exercising its functions and powers within the meaning of Article 87(7) of the Statute “.

The Chamber also affirmed that “ personal immunity, including that of heads of state, is not enforceable before the ICC and no waiver is required. States parties and those accepting the jurisdiction of the Court have a duty to arrest and surrender persons subject to an ICC arrest warrant, regardless of their official position or nationality. »