After the International Criminal Court’s (ICC) announcement on Thursday that it had issued arrest warrants for Israeli Prime Minister and former Defense Minister Yoav Galan for alleged war crimes in Gaza, attention is turning to what states that are parties to it and are bound to implement its decisions.
Specifically, for “the war crime of inflicting starvation as a method of military predominance and crimes against humanity for murder, persecution and other inhumane acts”, as well as “deliberately directing an attack against the civilian population”.
It is recalled that Israel has been waging war against the Gaza Strip for more than a year, killing tens of thousands of people as it tries to root out Hamas in response to the Palestinian militant group’s attack on October 7, 2023.
Arrested in more than 120 countries
In theory, the International Criminal Court’s warrant means Netanyahu and Galan could be arrested if they travel to any of the more than 120 countries participating in the court.
However, several governments in Europe have already said they may not arrest the Israeli leader if he sets foot on their soil.
Specifically, these are the European countries that have said they will handcuff Netanyahu and those where he might still be welcome. Those not listed, including Greece, have not yet clarified their position.
The Netherlands will arrest him
Dutch Foreign Minister Caspar Veldkamp said the Netherlands would comply with the ICC warrant and arrest Netanyahu if he entered the country. “The Netherlands implements the Rome Statute one hundred percent,” he said, referring to the Hague court’s founding treaty.
Veldkamp was due to visit Israel next week, but his trip was blocked by Israeli Foreign Minister Gideon Sa’ar because of his comments supporting the decision.
Ireland will arrest him
For his part, Irish Prime Minister Simon Harris replied “Yes, absolutely,” when asked if Ireland would arrest Netanyahu. “We support the international courts and implement their mandates,” he said.
Belgium will arrest him
“Fighting impunity where crimes are committed is a priority for Belgium, which fully supports its work [ΔΠΔ]”, said the Belgian Ministry of Foreign Affairs. “Those responsible for crimes committed in Israel and Gaza must be prosecuted at the highest level, regardless of who committed them,” he added in a statement.
Belgium’s deputy prime minister, Petra De Sutter, said “Europe must comply” with the ICC ruling and “obey these arrest warrants”.
Spain will arrest him
“Spain respects the decision of the International Criminal Court and will comply with its commitments and obligations in relation to the Rome Statute and international law,” government officials told Spanish media.
Spanish Labor Minister Yolanda Díaz also welcomed the ICC ruling, saying Madrid is always “on the side of justice and international law”. “The genocide of the Palestinian people cannot go unpunished,” he added.
Austria will arrest him
Austria’s foreign ministry described the ICC’s decision as “completely incomprehensible”. However, he said authorities would have no choice but to arrest Netanyahu.
Austria’s foreign minister, Alexander Schallenberg, criticized the decision as “absurd”, but added that “international law is non-negotiable and applies everywhere”.
Slovenia will arrest him
“Slovenia respects the ICC ruling on arrest warrants for alleged war crimes and crimes against humanity and will fully comply with it,” said the country’s prime minister, Robert Golob.
Hungary will not arrest him
but wants to roll out the red carpet for Netanyahu by inviting the Israeli leader to Budapest.
“This is wrong in itself,” Orban said in an interview with Hungarian state radio, referring to the decision. “So there is no other choice here: We have to face this decision, and so later today I will invite the Prime Minister of Israel, Mr. Netanyahu to visit Hungary”.
The position of the Czech Republic is unclear
Many Czech politicians, including the prime minister, defense minister and foreign minister, criticized the ICC decision.
“The ICC’s unfortunate decision undermines its authority in other cases when it equates the elected representatives of a democratic state with the leaders of an Islamist terrorist organization,” Czech Prime Minister Petr Fiala said.
Defense Minister Jana Černochová stressed that the accusations “should be substantiated with evidence”.
On the other hand, although he agreed with the arguments put forward by the other two ministers, top diplomat Jan Lipavský said that the Czech Republic “will always support the observance of international law.”
Germany’s position is unclear
German Foreign Minister Analena Burbock said Berlin was “examining exactly what it means [η απόφαση του ΔΠΔ] for its implementation in Germany”.
But the government’s chief spokesman Steffen Hebestreit told reporters that “it is difficult to imagine that arrests could be made in Germany on this basis,” referring to the warrant.
“Any further action will only be taken when it is foreseeable that Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galland will remain in Germany,” he added in a statement.
Italy’s position is unclear
Italian Foreign Minister Antonio Tajani said Italy “supports the ICC” but that it “must play a legal role and not a political one”, adding that Rome was still considering how to “interpret” the ruling.
“If Netanyahu and Gallad came to Italy, we would have to arrest them,” Italian Defense Minister Guido Croceto said. But he added: “I think the ICC decision is wrong.”
Italian Deputy Prime Minister Matteo Salvini expressed his full support for the Israeli prime minister, saying that if Netanyahu came to Italy, “he would be welcome.” “War criminals are different,” he added.
The position of France is unclear
The ICC ruling “is not a judgment, but the formalization of a charge,” a French foreign ministry spokesman said in a statement.
“France notes this decision. In line with its longstanding commitment to support international justice, it reiterates its commitment to the independent work of the Court, in accordance with the Rome Statute,” the statement added.
