After ICC Warrant, Netanyahu To Be Arrested If He Steps Foot In These Countries

Last Updated:November 22, 2024, 19:34 IST

All 124 member countries of the Rome Statute – a 1998 treaty under which the ICC was formed – are now compelled to detain Israeli PM Benjamin Netanyahu over alleged war crimes in the Gaza war

The ICC issued arrest warrants for Israeli PM Benjamin Netanyahu (L) and his former defence minister Yoav Gallant for alleged war crimes in the Gaza conflict. (Image: X)

Canada, Ireland, Italy, the Netherlands among other countries, have said they will comply with the arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu by the Criminal Court.

All 124 member countries of the Rome Statute – a 1998 treaty under which the Criminal Court (ICC) was founded – are now compelled to detain Netanyahu over alleged war crimes in the Gaza war. But, the court cannot enforce its power on the member states and has to rely on cooperation from them for arrests.

Several members of the ICC are allies of Netanyahu-led Israel, including the United Kingdom, Germany, France and Hungary among others. It is highly unlikely that these countries will arrest him if the Israeli prime minister arrives on their soil.

On Thursday (November 21), the ICC issued warrants for Netanyahu and his former defence minister Yoav Gallant “for crimes against humanity and war crimes" committed between October 8, 2023, and May 20 this year. It also issued an arrest warrant for Mohammed Deif, the head of the military wing of Hamas. Israel said Deif was killed in an air strike in July, but the militant group has not confirmed his death.

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WHICH COUNTRIES WILL ARREST, WHO WELCOMED THE MOVE?

Ireland: ‘Yes, Absolutely’

Netanyahu will be detained if he arrives in Ireland, Prime Minister Simon Harris said on Friday. Asked by state broadcaster RTE if Ireland will arrest him if he came to Ireland, he said: “Yes, absolutely. We support international courts and we apply their warrants."

Relations between Ireland and Israel have deteriorated since Dublin recognised the Palestinian state last May, a move that prompted Israel to recall its ambassador. Ireland’s foreign minister Micheal Martin told Newstalk radio that war crimes have been committed in Gaza. “It’s a collective punishment of the people… it’s genocidal," he said.

Italy: ‘We Would Have To Arrest’

Italian Defence Minister Guido Crosetto said his country will be obliged to arrest Netanyahu if he arrived on their shores. He told RAI television’s Porta a Porta programme that he believed the ICC was “wrong" to put Netanyahu and Gallant on the same level as Hamas.

But, he said if Netanyahu or Gallant “were to come to Italy, we would have to arrest them". It was not a political choice but Italy was bound as a member of the ICC to act on the court’s warrants, he added.

The Netherlands: ‘Line From Government Clear’

According to reports, Dutch Foreign Minister Caspar Veldkamp, whose country hosts the ICC, has confirmed his country will arrest Netanyahu. “The line from the government is clear. We are obliged to cooperate with the ICC… we abide 100 per cent by the Rome Statute," he said on Thursday (November 21).

Canada: ‘Important To Abide By Law’

Canadian PM Justin Trudeau said his country will support and comply with the ICC warrants. “First of all, as Canada has always said, it’s really important that everyone abide by international law. This is something we’ve been calling on from the beginning of the conflict," he said in Toronto, as per reports.

Canada is one of the founding members of the ICC and the Court of Justice (ICJ).

Spain: ‘Respects The Decision’

Spain said it will follow the ruling, with official sources telling AFP the country “respects the decision and will conform to its commitments and obligations in compliance with the Rome Statute and international law".

Norway: ‘Confidence’

“It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards," Norwegian foreign minister Espen Barth Eide said.

Sweden: ‘Independence And Integrity’

“Sweden and the EU support the important work of the court and safeguard its independence and integrity," said Swedish foreign minister Maria Malmer Stenergard.

Belgium: ‘Fight Against Impunity’

“The fight against impunity wherever crimes are committed is a priority for Belgium, which fully supports the work of the (ICC)", Belgium’s foreign ministry said on X. “Those responsible for crimes committed in Israel and Gaza must be prosecuted at the highest level, regardless of who committed them."

Turkey: ‘Positive Decision’

The ICC’s decision “is a belated but positive decision to stop the bloodshed and put an end to the genocide in Palestine", Turkish justice minister Yilmaz Tunc said on X. Foreign minister Hakan Fidan welcomed the warrants as “an extremely important step".

European Union: ‘Binding’

“It is not a political decision," said EU foreign policy chief Josep Borrell, speaking during a visit to Jordan. “It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented."

China: ‘Hopes For Objective, Just Position’

China, which like Israel and the US is not a member of the ICC, urged the court to remain objective and fair after it issued an arrest warrant for Netanyahu. “China hopes the ICC will uphold an objective and just position (and) exercise its powers in accordance with the law," foreign ministry spokesperson Lin Jian said at a regular press conference.

China said it “supports any efforts by the international community on the Palestinian issue that are conducive to achieving fairness and justice and upholding the authority of international law".

WHICH COUNTRIES ARE ‘EXAMINING’?

France: ‘Takes Note’

France on Friday said it has taken note of the arrest warrants issued for Netanyahu, Gallant and Deif. “France takes note of this decision. True to its long-standing commitment to supporting international justice, it reiterates its attachment to the independent work of the court," the French foreign ministry said in a statement, without specifying if the men will be arrested if they entered French territory.

Germany: ‘Theoretical’

Germany is “examining" how to respond to the ICC decision to issue an arrest warrant for Netanyahu, Foreign Minister Annalena Baerbock said on Friday. “We are now of course examining exactly what that means for implementation in Germany," she told public broadcaster ARD.

Whether German authorities will move to arrest Netanyahu or Gallant is currently “theoretical", Baerbock said. The country is “bound by" the court as it recognises the body and respects international law, she said.

German government spokesperson Steffen Hebestreit said Berlin was “one of the biggest supporters of the ICC", which came into being partly as “the result of German history".

“At the same time, it is a consequence of German history that we share unique relations with and a great responsibility towards Israel," he said. Further steps will only be taken if Netanyahu or Gallant were planning to visit Germany, he added.

WHICH COUNTRIES ARE AGAINST THE MOVE?

Hungary: ‘Outrageously Impudent’

Hungarian PM Viktor Orbán on Friday denounced the arrest warrant for Netanyahu, saying he will defy it by inviting him to Hungary. In comments to state radio, he accused the ICC of “interfering in an ongoing conflict for political purposes", saying the decision undermined international law and escalated tensions.

In his comments, Orbán, who is a close Netanyahu ally, called the arrest warrant “outrageously impudent" and “cynical." He said he will invite Netanyahu to Hungary and vowed to disregard the warrant if the invitation is accepted.

“We will defy this decision, and it will have no consequences for him," Orbán said. He also wrote to Netanyahu saying the arrest warrant was a “shameful" move.

Hungary signed the Rome Statute in 1999 and ratified it two years later during Orban’s first term in office. However, the country has not promulgated the associated convention for reasons of constitutionality and, therefore, asserts it is not obliged to comply with ICC decisions.

US: ‘Outrageous’

US President Joe Biden called the ICC arrest warrants “outrageous" in a statement on Thursday. “Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas," he said.

“We will always stand with Israel against threats to its security," he said. In an earlier statement, the White House said it “fundamentally rejects" the calls for arrests.

Argentina: ‘Israel’s Right To Self-Defence Ignored’

The arrest warrant for Netanyahu and Gallant “ignores" Israel’s right to defend itself, Argentinian President Javier Milei said. He said the country “declares its deep disagreement" with the decision, which “ignores Israel’s legitimate right to self-defence.

“Israel faces brutal aggression, inhumane hostage-taking and indiscriminate attacks on its population," he said. “Criminalizing the legitimate defense of a nation while ignoring these atrocities is an act that distorts the spirit of international justice."

(With agency inputs)

News world After ICC Warrant, Netanyahu To Be Arrested If He Steps Foot In These Countries