The International Criminal Court (ICC) arrest warrant against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant has sparked widespread reactions across Europe. Countries including Ireland, Belgium, France, Slovenia, Denmark, the Netherlands, Finland, Sweden, Switzerland, Portugal, Spain, Norway, Lithuania, Estonia, and Liechtenstein have stated their readiness to comply with the ICC’s decision.
Following the ICC’s announcement on 21 November regarding arrest warrants for Netanyahu and Gallant on charges of war crimes and crimes against humanity committed in Gaza, most European nations have declared unconditional compliance. However, some countries criticized the decision, taking an ambiguous stance.
Borrell calls for compliance with court order
The EU’s High Representative for Foreign Affairs, Josep Borrell, urged member states to adhere to the ICC ruling, emphasizing its judicial rather than political nature. Borrell stated:
“This is not a political decision; it is a judicial decision. It is the verdict of an international court with strong support from EU member states. Its rulings are legal and binding. There can be no picking and choosing.”
Borrell also highlighted the dire situation in Gaza, describing it as “hell on earth,” and condemned the proliferation of “manipulation and disinformation.”
Countries supporting the ICC decision
A majority of European countries expressed their intention to respect and implement the ICC arrest warrant:
Ireland: Prime Minister Simon Harris remarked, “Ireland respects the role of the ICC. Those in a position to assist the Court in its vital work should act urgently.”
Netherlands: Foreign Minister Caspar Veldkamp stated that Netanyahu would be arrested if he visited the Netherlands, underscoring the nation’s obligation under the Rome Statute.
Belgium: Deputy Prime Minister Petra De Sutter called for compliance with the ruling and economic sanctions against Israel, stating, “War crimes and crimes against humanity cannot go unpunished.”
Spain: Deputy Prime Minister Yolanda Díaz affirmed, “We are always on the side of justice and international law. Genocide against the Palestinian people cannot go unpunished.”
France: Foreign Minister Jean-Noël Barrot declared that France would apply international law regarding the ICC’s decision. “France is committed to international justice and its independence,” he said.
Diverging opinions among European nations
Some countries expressed reservations about the ICC decision:
Germany: Foreign Minister Annalena Baerbock stated that Germany is analyzing the practical implications of the arrest warrants. Government spokesman Steffen Hebestreit noted that implementing such arrests might prove challenging.
Hungary: Prime Minister Viktor Orbán criticized the decision and extended an invitation to Netanyahu, guaranteeing immunity from the ICC’s jurisdiction during his visit.
Austria: Foreign Minister Alexander Schallenberg argued that the ICC’s decision undermines the Court’s credibility while emphasizing the need for consistent application of international law.
Czech Republic: Prime Minister Petr Fiala described the decision as “unfortunate” but reaffirmed the country’s commitment to legal obligations under the Rome Statute.
Obligations under the Rome Statute
Under Articles 86 and 87 of the Rome Statute, states party to the ICC are required to cooperate with the Court and execute arrest warrants. Article 89 specifically mandates that any ICC member state must arrest and surrender individuals subject to arrest warrants when they enter its territory.
Previous cases demonstrate the challenges of enforcing such decisions. For example, South Africa and Jordan failed to execute arrest warrants for former Sudanese leader Omar al-Bashir, while Mongolia did not act on a warrant for Russian President Vladimir Putin. Nonetheless, these warrants restrict the freedom of movement for suspects, as seen with Putin’s avoidance of the BRICS summit in South Africa.
Netanyahu and Gallant will face similar restrictions, as they are now barred from traveling to 124 ICC member states, including all European Union members, Japan, Canada, Mexico, Australia, New Zealand, and most nations in Central and South America and Africa.
