EU states must arrest Netanyahu – Borrell

Last week, the International Criminal Court issued warrants for the Israeli PM and his ex-defense chief for alleged war crimes in Gaza

The member states of the European Union must heed the International Criminal Court and arrest Israeli Prime Minister Benjamin Netanyahu should he set foot on their territory, the bloc’s foreign policy chief has insisted. Josep Borrell argued that failure to do so would undermine the EU’s credibility.

Last Thursday, the Hague-based ICC issued warrants for Netanyahu, his former Defense Minister Yoav Gallant, and Hamas commander Ibrahim al-Masri. The warrants are for alleged war crimes and crimes against humanity linked to the ongoing Gaza conflict.

While Israel is not a signatory to the Rome Statute, which established the ICC, the court has jurisdiction over the West Bank and Gaza. Its jurisdiction is recognized by 123 countries worldwide, including all EU states.

Speaking ahead of a meeting of G7 foreign ministers in the Italian town of Fiuggi on Tuesday, Borrell emphasized that “all member states of the European Union have signed the Rome convention.” He argued that the ICC’s decisions are “not something that you can pick and choose. You cannot applaud when the court goes against [Russian President Vladimir] Putin, and remain silent when the court goes against Netanyahu.”

According to the EU foreign policy chief, should member states fail to comply with the court’s decision, it will be perceived as an example of double standards and play into the hands of the bloc’s critics.

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Earlier, Borrell also insisted on his “right to criticize the decisions of the Israeli government, be it Mr. Netanyahu or someone else, without being accused of anti-Semitism.”

On Friday, German Foreign Minister Annalena Baerbock said Berlin was examining the ramifications of the court’s decision. However, Chancellor Olaf Scholz’s spokesperson, Steffen Hebestreit, noted that Germany is unlikely to comply, given its “historical responsibility” to Israel.

French Foreign Ministry spokesman Christophe Lemoine refused to give a definitive answer, describing the ICC’s warrants as a “complex legal issue.”

The Netherlands, Switzerland, Ireland, Italy, Sweden, Belgium, and Norway have all said they would honor their obligations under the Rome Statute.

Meanwhile, Hungarian Prime Minister Viktor Orban slammed the court’s ruling and invited the Israeli prime minister for a visit.

The ICC’s decision also drew sharp criticisms from Israel and its key ally, the US.