UPDATE - French foreign minister claims some leaders can have immunity from ICC warrants

UPDATE WITH STATEMENT FROM FRENCH FOREIGN MINISTRY

By Necva Tastan Sevinc

ISTANBUL (AA) - French Foreign Minister Jean-Noel Barrot said on Wednesday that certain leaders could have immunity under the Rome Statute, the treaty establishing the International Criminal Court (ICC).

His remarks came in the wake of arrest warrants issued by the ICC for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

When asked in a Franceinfo radio interview whether France would arrest Netanyahu if he entered the French territory, Barrot did not provide a definitive answer.

He affirmed France's commitment to international justice, stating that the country "will apply international law based on its obligations to cooperate with the ICC.”

However, he highlighted that the Rome Statute “deals with questions of immunity for certain leaders,” adding that such matters ultimately rest with judicial authorities.

Barrot's remarks mark the first acknowledgment by a senior French official of possible immunity considerations.

Meanwhile, France's Foreign Ministry in a statement emphasized the country's dedication to honoring international commitments under the Rome Statute, stating: "France will respect its international obligations, understanding that the Rome Statute requires full cooperation with the International Criminal Court (ICC)."

The statement also pointed out that "a state cannot be required to act in a manner inconsistent with its obligations under international law regarding the immunities of states that are not parties to the ICC."

It added that these immunities "apply to Prime Minister Netanyahu and other concerned ministers and must be taken into account if the ICC were to request their arrest and surrender."

"In accordance with the historic friendship between France and Israel, two democracies committed to the rule of law and the respect of professional and independent justice, France intends to continue working closely with Prime Minister Netanyahu and other Israeli authorities to achieve peace and security for all in the Middle East," it further added.

Last week, the ICC issued arrest warrants for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024" in Gaza.

Under Article 27 of the Rome Statute, immunity does not exempt individuals from the court’s jurisdiction, while Article 98 emphasizes that states must respect international obligations related to diplomatic immunity.

Israel’s genocidal onslaught in Gaza has continued since Oct. 7, 2023, killing more than 44,000 people, mostly women and children.

The onslaught has displaced almost the entire population of the enclave, and a deliberate blockade has led to severe shortages of food, clean water and medicine, pushing the population to the brink of starvation.

Barrot also lauded France’s role in brokering a cease-fire between Israel and Lebanon that took effect early Wednesday, alongside the US.

The agreement includes provisions for the Israeli military's withdrawal from southern Lebanon within 60 days and the deployment of Lebanese armed forces.

Barrot called the cease-fire a “major success for France” and expressed hope that it could pave the way for much-needed reforms in Lebanon.

“France will play its full part in ensuring the agreement’s implementation,” he added.