Provisions for immunity from prosecution at the International Criminal Court apply to Israeli Prime Minister Benjamin Netanyahu, the French foreign ministry said Wednesday.
In a statement, the ministry reaffirmed its commitment to international justice after the ICC issued an arrest warrant for Netanyahu, but also said that the Israeli leader was covered by immunity rules that apply to states which are not a party to the ICC. Israeli is not an ICC member.
“A state cannot be held to act in a way that is incompatible with its obligations in terms of international law with regards to immunities granted to states which are not party to the ICC,” the French statement said.
“Such immunities apply to Prime Minister Netanyahu and other ministers in question, and must be taken into consideration should the ICC ask us to arrest them and hand them over,” it said.
Earlier Wednesday, Foreign Minister Jean-Noel Barrot had already said that France considered that some leaders could enjoy immunity from ICC prosecution.
Asked if France would arrest Netanyahu if he stepped on French territory, Jean-Noel Barrot did not give a specific answer in an interview with Franceinfo radio.
He said France “is very committed to international justice and will apply international law based on its obligations to cooperate with the ICC.”
But he added that the court’s statute “deals with questions of immunity for certain leaders.”
“It is ultimately up to the judicial authorities to decide,” he added.
The ICC this month issued warrants for Netanyahu, former Defense Minister Yoav Gallant and Hamas military chief Mohammed Deif. Netanyahu has slammed the move.
The EU’s foreign policy chief Josep Borrell has said the arrest warrants are “binding” and should be implemented.
However unlike some European states, France has so far taken a more cautious stance on the warrants.
Barrot’s comments marked the first time a top French official has evoked a possible immunity.
Unconfirmed media reports have said that Netanyahu angrily raised the issue in telephone talks with President Emmanuel Macron and urged Paris not to enforce the decision.
France has been instrumental in efforts to end fighting in the Middle East and, with the United States, helped broker a ceasefire between Israel and Lebanon that came into force Wednesday.
Article 27 of the Rome Statute – the foundation of the ICC – states that immunity “shall not bar the Court from exercising its jurisdiction over such a person.”
But article 98 says a state cannot “act inconsistently with its obligations under international law with respect to the… diplomatic immunity of a person.”
Barrot meanwhile hailed the ceasefire as a major success for France and expressed hope it would result in the “reform” of Lebanon after years of crisis.
The ceasefire foresees “that the Israeli army withdraws from southern Lebanon during these 60 days and that it is replaced by a massive deployment of the Lebanese armed forces.”
“And in this context, France will play its full part,” he said.
