French claim of ICC immunity for Netanyahu has no legal basis: Ex-Greek foreign minister

By Ahmet Gencturk and Derya Ozcan

ATHENS (AA) — In the wake of international arrest warrants issued for Israel's prime minister and former defense chief, France joined a handful of countries saying they will not uphold the decision should the accused enter its territory.

Despite initially vowing to "adhere to its international legal obligations" after the International Criminal Court (ICC) warrants were issued more than a year into the country's genocidal war on Gaza, France's Foreign Ministry said last week that Benjamin Netanyahu and Yoav Gallant had immunity to the court's decision.

However, according to a former Greek foreign minister, France must backtrack on its position again, as it contradicts legal principles.

George Katrougalos, who is also a professor of international law, noted that the French government’s reasoning is based on the fact that Israel is not a party to the ICC's founding document, the Rome Statute, and this makes Netanyahu and Gallant immune to the court's order for their arrest.

“We have not heard something like that from France when Russian President Putin has been indicted with an arrest warrant against him by the very International Criminal Court,” Katrougalos told Anadolu. Russia, like Israel, is not a signatory of the Rome Statute.

He emphasized that article 27 of the statute clearly states that there is no immunity for heads of state or government who are indicted or sentenced by the ICC, adding, “Exactly that was the mission of the ICC: Bringing heads of government, strong people, who have committed crimes, to justice.”

- Undermining rules-based order

On the potential legal consequences for states that do not comply with ICC decisions, Katrougalos warned that failing to implement such decisions would violate international law.

“Anybody who has a warrant against him must be arrested when they set foot in a state that is a signatory and has ratified the Statute of Rome.

"If they do otherwise, this is going to be a new violation of international law, as is, for instance, continuing selling arms to Israel, which makes (one) complicit to the crimes committed," he explained.

He underscored the importance of complying with ICC decisions to maintain a rules-based global order and the credibility of international institutions.

“I am very much worried about the attacks against the UN by Israel, including directly from Netanyahu, who has called the UN the house of darkness during his speech at the UN General Assembly. Then followed the declaration of the UN chief persona non grata. Then followed the attacks against the peacekeeping mission in Lebanon.”

“The only thing that separates us from complete anarchy in international law is the existence of the United Nations. We must protect it at any cost,” Katrougalos said.

Regarding France, Katrougalos noted his surprise at Paris' position, pointing to its joint work with the US to secure last week's cease-fire after more than a year of fighting between Israel and Lebanon.

“More generally, I cannot understand why France, who always advocated the strategic autonomy of the EU from the US, withdrew from its original statement which said it would respect the international law regarding ICC’s arrest warrant,” he deliberated.

- Contradiction undermining international legality

He also addressed Greece’s response to the ICC decision, as articulated by the government spokesman earlier this week, who argued it does not aid in resolving the Palestine-Israel conflict.

Katrougalos asserted, “The international institutions are working without discriminating between who is going to be indicted. Everybody must respect international legality.”

“Greece always is saying that we are a country that respects the international law," he added, noting that Athens seeks to resolve its differences with Türkiye based on international court rulings.

He asked: "How now we can say another international court decision is irrelevant?"

“This a contradiction that clearly undermines just international legality, even our national interests, exactly because it goes against our constant policy of decades,” he concluded.