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Evening Standard
Evening Standard
World
Josh Salisbury

Benjamin Netanyahu faces an ICC arrest warrant - which countries would detain him?

The world's top war-crimes court has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister and Hamas's military chief.

The warrants accuse them of crimes against humanity in connection with the 13-month war in Gaza.

The warrants said there was reason to believe Mr Netanyahu and former Defence Minister Yoav Gallant have used "starvation as a method of warfare" by restricting humanitarian aid and have intentionally targeted civilians in Israel's campaign against Hamas in Gaza.

The warrant marked the first time that a sitting leader of a major Western ally has been accused of war crimes and crimes against humanity by the ICC.

The decision means Mr Netanyahu and the others are internationally wanted suspects, putting them at risk of arrest when they travel abroad.

But while some countries have said they would follow the warrant and detain Mr Netanyahu and the other accused if they were to visit, others - including the US - have rejected the court’s authority.

Israel has rejected “with disgust the absurd and false actions" by the court.

Here is what different countries have said about whether they would arrest Mr Netanyahu if he were to travel to their territory:

UK

Home Secretary Yvette Cooper (PA Wire)

Downing Street backed the ICC on Thursday after it issued the arrest warrants, saying the Government respected the independence of the court.

But Home Secretary Yvette Cooper declined on Friday to say whether Mr Netanyahu or his former defence minister Yoav Gallant would be arrested if they came to the UK.

She said the "overwhelming majority" of ICC investigations "never" become a matter for the British legal system or government, and added: "In any case, where they ever do there are proper processes that need to be followed and therefore it wouldn't be appropriate for me to comment on those.”

US

(REUTERS)

The US is not a member of the ICC, and US president Joe Biden has described the arrest warrants as “outrageous”.

"Whatever the ICC might imply, there is no equivalence - none - between Israel and Hamas," Mr Biden said. "We will always stand with Israel against threats to its security.”

The White House has also said it is "deeply concerned by the prosecutor's rush to seek arrest warrants and the troubling process errors that led to this decision."

Ireland

Taoiseach Simon Harris (PA Wire)

Irish police would arrest Mr Netanyahu if he arrived in Ireland, the country's premier has said.

Asked by Irish national broadcaster RTE if Mr Netanyahu would be arrested in Ireland, Taoiseach Simon Harris said on Friday: "Yes, absolutely. We support international courts and we apply their warrants."

He was not asked about any other individual but the country's deputy premier later said warrants against Hamas leadership would also "absolutely" be executed.

France

(AP)

France initially signalled it could arrest the Israeli premier if he came to its territory. Foreign Ministry spokesman Christophe Lemoine called it a "complex legal issue" but said France supports the court's actions.

"Combating impunity is our priority," he said. "Our response will align with these principles."

However, it toned down its reaction on Friday, with Mr Lemoine saying the country “noted” the court’s warrant and “reiterates its attachment to the independent work of the court.”

Germany

(AFP via Getty Images)

Berlin said it would carefully examine the arrest warrants but will not take further steps until a visit to Germany is planned, a government spokesperson said on Friday.

"The German government was involved in the drafting of the ICC statute and is one of the biggest supporters of the ICC - this attitude is also the result of German history," the spokesperson said.

"At the same time, it is a consequence of German history that we share unique relations and a great responsibility with Israel."

Italy

Antonio Tajani (Getty Images)

Italy's Foreign Minister Antonio Tajani said Rome would consider with allies how to interpret the decision and act together.

"We support the ICC ... the court must play a legal role and not a political role," he added.

Hungary

Viktor Orbán (AFP via Getty Images)

Hungarian Prime Minister Viktor Orbán has said that not only would he defy the court - Hungary is a member - but that he would extend an invitation to Mr Netanyahu to travel to Budapest.

Mr Orbán called the warrants "outrageously impudent” and “cynical”, adding: “The ICC ruling will have no effect in Hungary, and we will not follow its contents.”

Belgium

Belgium's Ministry of Foreign Affairs said it supported the work of the ICC, and that "those responsible for crimes committed in Israel and Gaza must be prosecuted at the highest level, regardless of who committed them.”

Netherlands

Dutch foreign minister Caspar Veldkamp, whose country hosts the International Criminal Court, has confirmed The Netherlands would arrest Mr Netanyahu if he arrived on Dutch soil.

"The line from the government is clear. We are obliged to cooperate with the ICC ... we abide 100% by the Rome Statute,” he said in the country’s parliament.

Turkey

Turkish President Recep Tayyip Erdogan's ruling party has welcomed the arrest warrants, calling them a judgement made for the sake of "humanity."

Omer Celik, spokesman for the Erdogan's party, said on the social media platform X that Mr Netanyahu and Mr Gallant would "eventually be held accountable for genocide."

Switzerland

The Swiss Federal Office of Justice said it is obliged to cooperate with the ICC under the Rome Statute and would therefore have to arrest Mr Netanyahu, Mr Gallant or Masri if they entered Switzerland.

Sweden

Swedish Foreign Minister Maria Malmer Stenergard said Sweden and the EU "support the court's important work and protect its independence and integrity".

Swedish law enforcement authorities decide on the arrest of subjects of ICC warrants on Swedish territory, she added.

Canada

Prime Minister of Canada Justin Trudeau (PA Archive)

Canada's Prime Minister Justin Trudeau has signalled the country would detain the Israeli premier under the warrant if he were to visit.

Mr Trudeau said: "It's really important that everyone abide by international law", adding the country would abide by rulings of international courts.

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