Berlin is still determining whether to abide by its obligations to the International Criminal Court (ICC), with German officials reportedly expressing relief that Israeli Prime Minister Benjamin Netanyahu is not planning to visit the country in the foreseeable future.
The Hague-based ICC announced on Thursday that it is seeking Netanyahu on charges of war crimes and crimes against humanity related to the Gaza conflict. Israel and its allies, including the US, have condemned the move, although some countries have said they would comply with the warrant.
“We adhere to the law at the national, European, and international levels,” Foreign Minister Annalena Baerbock stated on Friday. “That is why we are examining exactly what this means for us regarding its international application.”
Germany is a signatory of the Rome Statute and recognizes the ICC’s authority, but Chancellor Olaf Scholz’s spokesman indicated that Berlin is unlikely to comply with the warrant due to its “historical responsibility” to Israel.
“On one hand, there is the importance of the International Criminal Court, which we strongly support; on the other hand, there is our historical responsibility,” government spokesman Steffen Hebestreit said.
I would be inclined to say that I have difficulty imagining that we would make arrests in Germany on this basis.
Netanyahu last visited Germany in March 2023, and another state visit is not expected in the near future, “government politicians stressed, almost with relief,” Deutsche Welle wrote on Friday.
While Israel is not a signatory to the Rome Statute, the court has jurisdiction over the West Bank and Gaza, which are considered occupied Palestinian territories under international law. The court’s jurisdiction is recognized by 123 countries, and Netanyahu and former Defense Minister Yoav Gallant could face arrest if they travel to any of those nations.
Israel “rejects with disgust the absurd and false actions leveled against it by the ICC,” Netanyahu’s office stated.
The US “fundamentally rejects” the decision and is “deeply concerned” by the “troubling process errors” that led to it, a spokesperson for the National Security Council said on Thursday.
The EU has indicated that it will honor the ICC’s decision regarding the Israeli officials, with the bloc’s foreign policy chief, Josep Borrell, describing the court’s warrants as non-political and calling on member states to respect and implement them.
So far, the Netherlands, Switzerland, Ireland, Italy, Sweden, Belgium, and Norway have announced that they would comply with the ICC warrant.
France has deemed the warrant legitimate but said that arresting the Israeli leader would be “legally complex.”
London has indicated that it would “comply with its legal obligations,” though it pointed out that domestic procedures linked to ICC arrest warrants have never been used by the UK, as no one wanted by the court has ever visited the country.
Hungarian Prime Minister Viktor Orban has invited Netanyahu to visit Budapest and said the ICC warrant “will have no effect” in the EU and NATO member states.