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Germany reluctant to arrest Netanyahu after ICC warrant as France, Canada commit to uphold

The International Criminal Court on Thursday announced arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for crimes against humanity and war crimes in Gaza.

The International Criminal Court
The International Criminal Court building is pictured on Nov. 21, 2024, in The Hague. — LAURENS VAN PUTTEN/ANP/AFP via Getty Images

The International Criminal Court on Thursday issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant — as well as senior Hamas commander Mohammed Deif, whom the Israeli military claims to have killed in July — sparking a wave of reactions in the Middle East.  

The ICC accepted Chief Prosecutor Karim Khan's May request to charge Netanyahu and Gallant for crimes against humanity and war crimes committed from Oct. 8 to May 20 in Israel’s ongoing war in Gaza

"With regard to the crimes, the [court’s pre-trial chamber] found reasonable grounds to believe that Mr. Netanyahu … and Mr. Gallant … bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts," the ICC said.

Local authorities in Gaza estimate that the war's death toll has surpassed 43,000.

The warrant means that Netanyahu and Gallant could be arrested if they travel to any of the 125 countries party to the ICC. 

Netanyahu’s office, along with many Israeli ministers and members of the Knesset, condemned the ICC’s ruling. Netanyahu said the decision was “antisemitic” and called it “a modern Dreyfus trial.” Reaction around the world has been mixed, with the US rejecting the decision and France and the United Kingdom expressing a more neutral reaction. 

United States

The White House said the US government “fundamentally rejects” the ICC decision. The National Security Council said it is “deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision.”

“The United States has been clear that the ICC does not have jurisdiction over this matter,” the spokesperson said.

Canada, France, UK

The Canadian, French and British governments separately said they respect the court's decision. “It’s really important that everyone abide by international law,” Prime Minister Justin Trudeau said, adding that Canada would abide by rulings of international courts.

British Prime Minister Keir Starmer said his country respects the independence of the ICC, but he did not say whether it would uphold the warrants.

The French Foreign Ministry, on the other hand, said Paris would act “in line with the ICC’s statutes.”

Italy

Italian Defense Minister Guido Crosetto told Italian broadcaster RAI that Italy would "have to arrest" Netanyahu and Gallant given the ICC's warrants, but he said that it was "wrong" to put the two Israeli officials on the same level as Hamas.

Italian Foreign Minister Antonio Tajani's statement was more cautious, emphasizing Italy's support for the ICC, but he added that "the court must play a legal role and not a political role."

South Africa

The South African government hailed the decision, calling it a “significant step toward justice for crimes against humanity and war crimes in Palestine.”

“South Africa reaffirms its commitment to international law and urges all state parties to act in accordance with their obligations in the Rome Statute,” the statement said. 

Ireland

Prime Minister of Ireland Simon Harris called the ICC's warrants "an extremely significant step." In a statement, Harris emphasized that Ireland respects the ICC and its decisions, adding, "The government has long expressed its profound concern about the conduct of the war in Gaza and has stated clearly its belief that the rules of international law and international humanitarian law have not been upheld."

European Union

EU foreign policy chief Josep Borrell, on the other hand, told reporters in Amman that the ICC’s decision “has to be respected and implemented.” “This decision is a binding decision on all state parties of the court, which includes all members of the European Union,” he said. 

Hamas 

Hamas spoke in support of the arrest warrants for Netanyahu and Gallant, but it did not mention the warrant for Mohammed Deif.  

Basem Naim, a member of the Hamas Political Bureau, called the ICC warrants “an important step toward justice,” but he added that “it remains limited and symbolic if it is not … backed by all the countries around the world to implement it.” 

“A message must be sent to every war criminal that he will not escape punishment regardless of how long it will take, and no matter how much he tries to mislead people or distort the narrative, truth will prevail,” Naim said. 

Palestinian Authority

The Palestinian Authority "welcomed the ICC decision," it said in a statement to Palestinian news agency WAFA. The PA said the decision "restores hope and trust not only in international law along with UN institutions, but also in the importance of justice, accountability and prosecution of war criminals."

The PA emphasized that the Palestinian people still face "genocide, war crimes taking the form of the deployment of starvation, and crimes against humanity."

"It called on all member states in the ICC and the UN to implement the court's decision and prosecute criminals before courts," the statement read.

Turkey  

Turkish Foreign Minister Hakan Fidan called the ICC's move "promising" and described the warrant for Netanyahu and Gallant as "an extremely important step in bringing to justice the Israeli authorities who committed genocide against Palestinians."

“We will continue to work to ensure that international law, with all its institutions and rules, is put into practice to punish genocide. This is our obligation not only to the massacred Palestinians, but to all oppressed nations and future generations," Fidan posted on X.

Jordan  

Jordanian Foreign Minister Ayman Safadi said after a joint news conference with Borrell on Thursday that the ICC’s decision must be respected and implemented, adding that Palestinians deserved justice for Israel’s “war crimes” in Gaza

Czech Republic

Czech Republic Prime Minister Petr Fiala called the ICC's move "unfortunate." The decision “undermines its authority in other cases when it equates the elected representatives of a democratic state with the leaders of an Islamist terrorist organization,” Fiala posted on X.

Germany

German government spokesperson Steffen Hebestreit said on Friday that Berlin will "carefully examine the domestic steps" to be taken in the wake of the news.

“The German government was involved in the drafting of the ICC statute and is one of the biggest supporters of the ICC — this attitude is also the result of German history,” he said. “At the same time, it is a consequence of German history that we share unique relations and a great responsibility with Israel.”

Hebestreit noted to reporters, however, "I find it hard to imagine that arrests could be made in Germany on this basis."

The Netherlands

Dutch Foreign Minister Caspar Veldkamp said on Thursday that his country "respects the independence of the ICC," explaining, "We won’t engage in non-essential contacts and we will act on the arrest warrants. We fully comply with the Rome Statute of the ICC."

Following Veldkamp's announcement, Israeli Foreign Minister Gideon Saar's office said on Thursday that he had canceled Veldkamp's trip to Israel set for next week.

“Minister Saar expressed his disappointment, in the name of the government of Israel and the people of Israel, over his announcement in the Dutch Parliament following the decision of the International Criminal Court in the Hague,” the statement read. 

Argentina, Hungary dissent

Meanwhile, the Argentinian and Hungarian governments — both close to Netanyahu — rejected the decision. President Javier Milei, a close ally of Netanyahu, said in a post on X that his country “declares its deep disagreement” with the decision.

Hungarian Prime Minister Viktor Orban, a supporter of Netanyahu and ally to US President-elect Donald Trump, called the ICC's move a "brazen, cynical and completely unacceptable decision."

"Today I will invite Israel's prime minister, Mr. Netanyahu, for a visit to Hungary and in that invite I will guarantee him that if he comes, the ICC ruling will have no effect in Hungary and we will not follow its contents," Orban said on Friday.

This article has been updated to include reactions from Germany, Hungary and the Netherlands.

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