ICC warrants are obligatory, and the EU cannot selectively apply them, Borrell says

European Union governments are obligated to execute arrest warrants issued by the International Criminal Court (ICC) for two Israeli leaders and a Hamas commander, according to the EU‘s foreign policy chief on Saturday.

The ICC issued warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri, citing alleged crimes against humanity.

All EU member states are signatories to the Rome Statute, the treaty that established the ICC.

While several EU nations have indicated their readiness to fulfill their obligations under the statute, Hungarian Prime Minister Viktor Orban has extended an invitation to Netanyahu, assuring him of safety during a potential visit.

Josep Borrell, the EU’s chief diplomat, emphasized during a visit to Cyprus for a workshop involving Israeli and Palestinian peace activists that “the states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional.”

Countries seeking to join the EU are also subject to the same obligations, he stated.

“It would be quite ironic if new members were held to standards that existing members do not meet,” he remarked to Reuters.

The United States dismissed the ICC’s ruling, while Israel characterized the ICC’s actions as antisemitic.

“Whenever someone critiques the policy of an Israeli government, they are labeled as antisemitic,” Borrell noted, as his tenure as the EU’s foreign policy chief comes to a close this month.

“I have the right to express my criticism of the Israeli government’s decisions, whether it be Mr. Netanyahu or another leader, without facing accusations of antisemitism. This is unacceptable. Enough is enough.”

According to Gaza officials, Israel’s ongoing campaign in Gaza has resulted in approximately 44,000 Palestinian deaths and has displaced nearly the entire population of the enclave, leading to a severe humanitarian crisis.

Israel initiated its military action following the Hamas-led assault on October 7, 2023, which resulted in the deaths of 1,200 individuals in southern Israel, with over 250 others reported as hostages, according to Israeli sources.

The ICC judges concluded that there are sufficient grounds to suspect that Netanyahu and Gallant bear criminal responsibility for actions such as murder, persecution, and the use of starvation as a method of warfare, all of which are part of a “widespread and systematic assault on the civilian population of Gaza.”

The warrant issued for Masri includes allegations of mass killings that occurred during the attacks on October 7, 2023. Israel has stated that Masri has been killed.