French foreign ministry says it respects the decision of the court to issue arrest warrants but that the Israeli prime minister remains immune while in office

France was among the first states that announced they would uphold the court’s decision, although officials have not explicitly said they would arrest Netanyahu.

However, the ministry on Wednesday alleged that Netanyahu is covered by immunity as a sitting head of government because Israel is not a member of the ICC. It is the first time a member of the court has argued this in Netanyahu’s case.

France’s argument was previously used by states that refused to arrest Russia’s Vladimir Putin and Omar al-Bashir of Sudan. But the court has consistently rejected those arguments as unfounded.

  • eightpix@lemmy.worldEnglish
    28·
    1 month ago

    According to Article 27 of the Rome Statute, all wanted persons are equal before the court, including heads of a state or government. No immunities under international law may bar the court from exercising its jurisdiction.

    “No international court has ever found that a head of state or high ranking individual has immunity before it, and Article 27 was meant to codify that principle,” [says] “Leila Sadat, a leading expert on immunities and former ICC special advisor on crimes against humanity[.]”

    The immunity loophole found in Article 98 (1), according to the judgement, must be read in context and interpreted in a manner that is consistent with the object and purpose of the Rome Statute, meaning that it should not be read to carve out an exception to Article 27’s clear provisions.

    … the reference to state immunity under Article 98 (1) is related to the immunity of a state and its property, not its leaders or officials.