France's foreign ministry on Wednesday signalled that Israeli Prime Minister Benjamin Netanyahu enjoys immunity from arrest, despite an International Criminal Court warrant issued against him for alleged war crimes.
In a carefully worded statement, the ministry said it would respect international justice obligations while noting that immunity rules protect leaders of states that are not ICC members, such as Israel.
“A state cannot be held to act in a way that is incompatible with its obligations in terms of international law with regards to immunities granted to states which are not party to the ICC,” the foreign ministry said.
“Such immunities apply to Prime Minister Netanyahu and other ministers in question, and must be taken into consideration should the ICC ask us to arrest them and hand them over.”
Conflicting remarks
The announcement follows conflicting remarks from French officials about whether Netanyahu would face arrest if he travelled to France.
Prime Minister Michel Barnier previously stated that France would "rigorously apply its obligations" regarding the ICC warrant.
Warrants were issued earlier this month for Netanyahu, former Israeli defence minister Yoav Gallant, and Hamas military chief Mohammed Deif. All three are accused of war crimes and crimes against humanity linked to the ongoing conflict in Gaza.
France has committed to respecting its obligations under the Rome Statute, the ICC's founding treaty, which requires full cooperation with the court.
Divisions emerge as ICC targets Netanyahu and Hamas over war crimes
However, the ministry acknowledged that Article 98 of the statute permits exceptions for diplomatic immunity for leaders of non-member states, creating a potential conflict.
Earlier on Wednesday, Foreign Minister Jean-Noël Barrot indicated certain state leaders may be protected from ICC prosecution.
Barrot told FranceInfo that Paris was "very attached to international justice and to the ICC being able to work independently".
He added that "it will ultimately be up to the judicial authority to make a ruling".
Netanyahu reportedly contacted French President Emmanuel Macron last week to voice his anger about the ICC’s decision and seek assurance that France would not enforce the arrest warrant.
