A German government spokesperson stated that Germany has a “historical responsibility” to Israel.
Germany is reviewing its obligations under the International Criminal Court (ICC) statute. German officials reportedly expressed relief that Israeli Prime Minister Benjamin Netanyahu isn’t planning a near-future visit to Germany.
The ICC in The Hague issued an arrest warrant on Thursday for Netanyahu on charges of war crimes and crimes against humanity related to the Gaza conflict. Israel and its allies, including the US, condemned the action, though some nations indicated they would comply with the warrant.
“We adhere to national, European, and international law,” Foreign Minister Annalena Baerbock said Friday. “Therefore, we are examining the implications of this international warrant for us.”
Germany, a signatory to the Rome Statute, recognizes the ICC’s authority. However, Chancellor Olaf Scholz’s spokesperson suggested Germany is unlikely to comply with the warrant due to its “historical responsibility” towards Israel.
“We strongly support the International Criminal Court, but we also have our historical responsibility,” government spokesman Steffen Hebestreit said.
I find it hard to imagine us making arrests in Germany on this basis.
Netanyahu’s last German visit was in March 2023, and another is not anticipated soon, “which government officials noted with apparent relief,” Deutsche Welle reported Friday.
While Israel isn’t a Rome Statute signatory, the court has jurisdiction over the West Bank and Gaza, considered occupied Palestinian territories under international law. 123 countries recognize the court’s jurisdiction, meaning Netanyahu and former Defense Minister Yoav Gallant could face arrest if they travel to those nations.
Israel “vehemently rejects the ICC’s absurd and false accusations,” Netanyahu’s office declared.
The US “fundamentally rejects” the decision and is “deeply concerned” about the “serious procedural flaws” involved, a National Security Council spokesperson said Thursday.
The EU stated it will uphold the ICC’s decision regarding the Israeli officials. EU foreign policy chief Josep Borrell called the warrants non-political and urged member states to respect and implement them.
The Netherlands, Switzerland, Ireland, Italy, Sweden, Belgium, and Norway have said they will comply with the ICC warrant.
France considers the warrant legitimate but noted arresting the Israeli leader would be “legally complicated.”
London stated it would “fulfill its legal obligations,” although it noted that domestic procedures for ICC arrest warrants haven’t been used in the UK, as no one subject to a warrant has ever visited.
Hungarian Prime Minister Viktor Orban invited Netanyahu to visit Budapest, saying the ICC warrant “won’t apply” in EU and NATO member states.