Germany in dilemma over ICC arrest warrants for Israeli Netanyahu: Legal expert

By Erbil Basay

ISTANBUL (AA) - The German government is in a dilemma after the International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, according to a German legal expert.

Berlin wants to “keep its cards close to its chest” by not exactly revealing how it would react in the situation that Netanyahu does come to Germany, Matthias Goldmann, professor of International Law at EBS University of Business and Law in Wiesbaden and Oestrich-Winkel, told Anadolu.

“Germany is in a dilemma here. On the one hand, it wants to support the ICC, but on the other hand, it has very close historical and political ties with Israel. And the German government is now somehow trying to get itself out of this situation,” Goldmann said.

Emphasizing that all member states of the ICC are obliged to arrest Netanyahu due to the warrant, the professor underlined that if these countries do not apply it, they will violate their obligations under the Rome Statute, which sets out the Court's jurisdiction over genocide, crimes against humanity, war crimes and the crime of aggression.

He said that it would be good to send a clear signal to the Israeli government that Netanyahu is not welcome in Germany as long as this arrest warrant exists.

- ICC should only act if national prosecution fails or not sufficient

The German government knew what it would face as the application for an arrest warrant was made about six months ago, the professor added.

“The government has good international lawyers. I think it has been thinking about the legal situation for a long time. They have already seen that, for example, the argument that Netanyahu has impunity will be difficult,” he noted.

Reminding that the German government has advocated that the charges against Netanyahu should first be considered by Israeli courts, Goldmann said the ICC should only act if national prosecution “fails” or is not “sufficient.”

“The fact is that there is no investigation in Israel against Netanyahu or Gallant. Thus, the ICC is competent. And it is not for the German government to decide on this but for the ICC. The ICC has ruled on this and rejected this (request). It is also possible that Israel could launch an investigation at any time. And it is perhaps not inconceivable that this could happen, for example after a change of government,” he added.

Israel could appeal to the ICC when it launches a regular investigation in Tel Aviv, he said, adding that "this possibility still exists."

Underlining the possibility that Netanyahu will not be tried in The Hague, the German legal expert said: “In fact, I actually think that his chances of actually being tried in Israel are much higher.”​​​​​​​

- Berlin carefully examines domestic steps over ICC arrest warrants

Last week, the ICC issued arrest warrants for Netanyahu, Gallant (who served in the post since the start of the Gaza war until earlier this month), and Hamas military commander Mohammed Deif.

Following the decision, German Government spokesperson Steffen Hebestreit said Berlin will "carefully examine the domestic steps" to be taken in the wake of the news.

“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,” he said. “At the same time, it is a consequence of German history that we share unique relations and a great responsibility with Israel,” Hebestreit added.

Israel has launched a genocidal war on the Gaza Strip following a Hamas attack in October last year, killing nearly 44,300 people, most of them women and children, and injuring over 104,700.

The second year of genocide in Gaza has drawn growing international condemnation, with officials and institutions labeling the attacks and blocking of aid deliveries as a deliberate attempt to destroy a population.

Israel also faces a genocide case at the International Court of Justice for its deadly war on Gaza.

*Writing by Efe Ozkan​​​​​​​