Israel’s Prime Minister Benjamin Netanyahu faces challenges in visiting certain European countries due to an arrest warrant from the International Criminal Court (ICC). However, the United States, Russia, and key emerging market nations are expected not to detain Netanyahu regardless of the ICC’s decision.
According to external media sources like Al Jazeera, the European Union’s Josep Borrell emphasized the binding nature of the ICC arrest warrant during a meeting in Amman, Jordan. He stated that all EU member states and ICC parties must uphold this court decision, which he described as legal rather than political.
On the same day, the Netherlands, where the ICC is located, expressed its respect for the ICC’s independence, with Foreign Minister Kasper Velkamp stating that the Netherlands would act in accordance with the arrest warrant and fully comply with the Rome Statute of the ICC. Ireland also announced its cooperation with the warrant execution, echoed by Sweden, Switzerland, and Norway’s statements respecting the ICC’s decision.
However, the UK’s Prime Minister’s Office, while respecting the ICC’s independence, acknowledged Israel’s right to defense under international law. France indicated compliance with ICC rules but refrained from confirming actions if Netanyahu visited France, citing legal complexities. Italy’s Foreign Minister also voiced support for the ICC but emphasized its legal role over political involvement, suggesting collaboration with allies to interpret and respond to the decision.
Austria described the ICC’s decision as baseless, while Hungary criticized the ICC for equating terrorists and victim states as unacceptable.
On November 21, the ICC issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant concerning the ongoing war in Gaza since last year. The court accused Israeli leadership of deliberately blocking essential supplies to Gaza’s civilians. Additionally, an arrest warrant was issued for Mohamed Deif, a Hamas military leader.
Established in 2002, the ICC prosecutes genocide, war crimes, and crimes against humanity but lacks enforcement power. Its jurisdiction extends to 124 member nations, including South Korea, who are obligated to arrest individuals under ICC warrants upon entering their territory.
In contrast, the United States, China, Russia, Israel, and India are not ICC members. The U.S., an ally of Israel, rejected the ICC’s decision citing procedural errors.
Compliance with arrest obligations by ICC member countries isn’t guaranteed since the Rome Statute lacks specific penalties for non-compliance. Mongolia, an ICC member, did not arrest Russian President Vladimir Putin, despite an ICC warrant, during his visit in September following the Ukraine conflict. Likewise, Brazil’s President invited Putin to a G20 summit in Brazil last year, showcasing the potential diplomatic challenges in enforcing ICC warrants.