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France declares Netanyahu has immunity from ICC arrest warrants, notes 'historic friendship' between the countries

'Israel denies the authority of ICC and the legitimacy of the arrest warrants'

Israeli Prime Minister Benjamin Netanyahu and French President Emmanuel Macron shake hands following a joint press conference, amid the Israeli-Hamas conflict, in Jerusalem, October 24, 2023. (Photo: Christophe Ena/Pool via REUTERS)

France announced on Wednesday that it considers Israeli Prime Minister Benjamin Netanyahu immune from prosecution by the International Criminal Court (ICC) and intends to maintain its working relationship with him.

The French statement comes in response to the ICC's recently issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged war crimes against Palestinians during Israel’s military operations against Hamas terrorists in Gaza.

Media reports indicated that France decided to effectively reject the legitimacy of the arrest warrants as a diplomatic gesture to Israel. In return, Israel reportedly agreed to include France in the enforcement committee overseeing the ceasefire with Hezbollah, which went into effect on Wednesday morning.

On Wednesday evening, the Prime Minister's Office (PMO) announced that Israel would file an appeal against the warrants. It also noted that Netanyahu met with U.S. Senator Lindsey Graham (R-SC), who updated him on measures against the ICC and countries cooperating with it in the U.S. Congress.

"The State of Israel denies the authority of the International Criminal Court (ICC) in The Hague and the legitimacy of the arrest warrants that have been issued against the Prime Minister and the former Defense Minister," the PMO stated.

"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 the French presidential Élysée Palace appeared consistent with the Israeli position, stating that "a State cannot be required to act in a manner inconsistent with its obligations under international law with respect to the immunities of the States not party to the ICC," noting the fact that Israel is not an ICC member state.

"Such immunities apply to Prime Minister Netanyahu and the other ministers concerned and must be taken into account should the ICC request their arrest and surrender," the president's statement added.

Furthermore, France highlighted the "historic friendship" between Israel and France, emphasizing that both states are democracies with independent judiciaries. 

"France intends to continue to work closely with Prime Minister Netanyahu and the other Israeli authorities to achieve peace and security for all in the Middle East," Paris pledged, strongly dismissing the ICC's warrants.

The statement from the Élysée Palace was preceded by the French Foreign Minister Jean-Noël Barrot's media statement that “certain leaders” in the world could be immune from prosecution by the ICC. The French top diplomat also stressed that Paris is "very committed to international justice and will apply international law."

"France will apply as always international law," Barrot argued, adding that it is "ultimately up to the judicial authorities to decide."

The ICC’s unprecedented ruling against Israel’s democratically elected leaders has divided the international community. The Netherlands, the United Kingdom, Norway and Ireland have all indicated they will respect the ICC’s ruling concerning Netanyahu. 

In contrast, the United States strongly rejected the ICC’s hostile move against the Israeli leaders as the Jewish state continues to defend itself against Iranian proxies.

German government spokesman, Steffen Hebestreit, indicated that Germany would not comply with the ICC’s decision due to Berlin’s historical relationship with Israel and commitment to the Jewish people following the Nazi-perpetrated Holocaust of six million Jews. 

“It is a consequence of German history that we share unique relations and great responsibility with Israel. We will carefully examine the domestic steps. Any further action would only be taken when a visit [to Germany] by Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant is foreseeable,” Hebestreit stated. “I find it hard to imagine that arrests could be carried out in Germany on this basis,” he added. 

Meanwhile, France welcomed the American-brokered ceasefire between Israel and the Hezbollah terrorist group in Lebanon, which took effect on Wednesday.

Addressing Israel’s legitimate security concerns following over a year of Hezbollah attacks, Barrot stressed that securing northern Israel would require “massive” deployment of the Lebanese Armed Forces (LAF) in southern Lebanon as a precondition for the withdrawal of IDF troops from the area.

The French foreign minister also called for the election of a new Lebanese government and leader to enable the Lebanese Army to establish a “monopoly of strength” within the nation.

The All Israel News Staff is a team of journalists in Israel.

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