UN Rapp., ICC head reject France's claim of Netanyahu's court immunity
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UN Special Rapporteur on Palestine, Francesca Albanese, has elaborated that the ICC had previously ruled against the argument of state immunity, making it inapplicable in such cases.
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Israeli Prime Minister Benjamin Netanyahu addresses the 79th session of the United Nations General Assembly, on September 27, 2024. (AP)
The UN Special Rapporteur on Palestine, Francesca Albanese, dismissed France's claim that Israeli Prime Minister Benjamin Netanyahu and former Security Minister Yoav Gallant could be shielded by immunity from the International Criminal Court (ICC). She asserted on Thursday that such immunity holds "no" legal validity.
French Foreign Minister Jean-Noel Barrot suggested on Wednesday that the Rome Statute, the treaty establishing the ICC, addresses immunity for certain leaders. However, he noted that decisions on such matters ultimately lie with judicial authorities.
France's Foreign Ministry later issued a statement reaffirming the country's commitment to its obligations 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).” However, the Ministry also emphasized 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.”
Albanese firmly rejected, as cited by Anadolu, France's interpretation, saying, “No, because it’s been already resolved by the court in the case of Omar al-Bashir in the past, and no one [challenged it].”
It is worth noting that al-Bashir, the former Sudanese leader, was indicted by the ICC in 2009 and 2010 for war crimes and crimes against humanity in Darfur.
Albanese elaborated that the ICC had previously ruled against the argument of state immunity, making it inapplicable in such cases. She also warned that obstructing the enforcement of an ICC arrest warrant could violate Article 70 of the Rome Statute, which criminalizes obstruction to the administration of justice.
“I want to point to the fact that obstructing the execution of an ICC arrest warrant could be seen as a breach of Article 70, an obstruction to the administration of justice, which is an offense, a criminal offense in itself,” she stressed.
The rapporteur criticized what she described as France’s “double standards” in its stance on the ICC warrants for Netanyahu and Russian President Vladimir Putin, the latter issued in March 2023 despite Russia not being a party to the Rome Statute.
ICC prosecutor: No legal grounds to suspend arrest warrants for Israeli official
The International Criminal Court (ICC) prosecutor, Karim Khan, urged the dismissal of "Israel’s" appeal regarding the arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Security Minister Yoav Gallant.
In a document published Friday on the ICC website, Khan argued that the appeal is premature and not legally admissible at this stage, although an appeal could be possible later in the legal process.
"Israel" had submitted a direct appeal on Wednesday to the ICC’s Appeals Chamber, contesting the Pre-Trial Chamber I’s decision on "Israel’s" jurisdictional challenge under Article 19(2) of the Rome Statute. However, Khan clarified that the court's decision does not qualify as a ruling "with respect to jurisdiction" and is therefore not subject to direct appeal under Article 82(1)(a) of the Statute.
“The Decision is not a decision ‘with respect to jurisdiction,’ and it is therefore not directly appealable under article 82(1)(a) of the Statute,” Khan stated.
He emphasized that the Pre-Trial Chamber's decision prevents "Israel" from filing a jurisdictional challenge until a determination is made under Article 58 of the Rome Statute but acknowledged that such a challenge could be pursued later if the condition is met.
Khan called for the dismissal of the appeal and rejection of "Israel’s" request to suspend the arrest warrants. “Accordingly, these appeal proceedings should be discontinued, and Israel’s Suspension Request be rejected while the proceedings before Pre-Trial Chamber with respect to the same Decision follow their course,” he added.
He firmly concluded, “In any event, there is no legal basis to suspend the arrest warrants issued by the Pre-Trial Chamber.”
The arrest warrants for Netanyahu and Gallant, issued last week, accuse them of war crimes and crimes against humanity in Gaza during the ongoing genocide.
