France holds the view that Netanyahu is protected from actions initiated by the ICC

France stated on Wednesday that it believes Israeli Prime Minister Benjamin Netanyahu enjoys immunity from actions taken by the International Criminal Court (ICC), which is pursuing his arrest for alleged war crimes in Gaza, as Israel is not a signatory to the court’s statutes.

This perspective from France, released a day after a ceasefire was announced between Israel and the Lebanese militant group Hezbollah, facilitated by the U.S. and France, has faced criticism from human rights organizations. Other nations, including Italy, have also raised questions regarding the legality of the ICC’s mandate.

The French Foreign Ministry issued a statement affirming its intention to maintain close cooperation with Netanyahu.

It took nearly a week for Paris to articulate a definitive stance following the ICC’s issuance of arrest warrants on November 21 for Netanyahu, his former defense chief, and a leader of the Hamas militant group.

Initially, France indicated it would comply with the ICC statutes, but subsequently refined its position in a statement on November 22, expressing concerns that Israel’s actions could undermine ceasefire negotiations in Lebanon. The ministry noted that the court’s decision was merely a formalization of an accusation.

On Wednesday, the ministry emphasized that the Rome Statute, which established the ICC, stipulates that a country cannot be compelled to act in a way that contradicts its obligations regarding the immunities of states that are not parties to the ICC.

“Such immunities apply to Prime Minister Netanyahu and other relevant ministers and must be considered if the ICC requests their arrest and surrender.”

The statement from the French ministry highlighted the longstanding friendship between two democracies dedicated to upholding the rule of law. It expressed France’s commitment to collaborating closely with Netanyahu and other Israeli officials “to foster peace and security for all in the Middle East.”

Human rights organizations indicated that France may have moderated its stance to preserve a cooperative relationship with Netanyahu and his administration.

“France’s comments are quite troubling. No individual is exempt from an ICC arrest warrant due to their official position—this applies to Netanyahu, Putin, and others,” stated Andrew Stroehlein, European media director at Human Rights Watch, on X. He referenced Article 27 of the Rome Statute, which addresses the ‘irrelevance of official capacity.’ Amnesty International described France’s stance as “deeply concerning.” They urged that instead of implying that ICC indictees might have immunity, France should clearly affirm its obligation under the Rome Statute to execute arrest warrants.