Unlike the US, France backs ICC in seeking arrest warrants for Israel’s Netanyahu, Hamas leaders

Exterior view of the International Criminal Court in The Hague, Netherlands on December 6, 2022.  © Peter Dejong, AP

PARIS-  France backs the International Criminal Court and the “fight against impunity”, its foreign ministry said after the ICC prosecutor requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leaders for alleged war crimes.

On Monday, ICC prosecutor Karim Khan said he had requested arrest warrants for Netanyahu, his Defence Minister Yoav Gallant and three Hamas leaders, including its chief, Yahya Sinwar.

If such warrants are issued, however, members of the court, which includes nearly all countries of the European Union, could be put in a diplomatically difficult position.

“France supports the International Criminal Court, its independence and the fight against impunity in all situations”, the foreign ministry said in a statement late on Monday.

While US President Joe Biden called the legal step against Israeli officials “outrageous”, the French foreign ministry took a different stance.

It reiterated both its condemnation of Hamas’s ‘anti-Semitic massacres’ on Oct. 7 as well as its warnings over possible violations of international humanitarian law by Israel‘s invasion of the Gaza strip.

“As far as Israel is concerned, it will be up to the court’s pre-trial chamber to decide whether to issue these warrants, after examining the evidence put forward by the prosecutor … ,” the ministry said.

‘Wilful killing’ 

The ICC prosecutor said on Monday he had applied for arrest warrants for Netanyahu and Gallant for crimes including “wilful killing”, “extermination and/or murder”, and “starvation” during the war in Gaza.

Khan said Israel had committed “crimes against humanity”, and accused it “of a widespread and systematic attack against the Palestinian civilian population”.

He also said the leaders of Palestinian militant group Hamas, including Qatar-based Ismail Haniyeh and Gaza chief Yahya Sinwar, “bear criminal responsibility” for actions committed during the October 7 attack.

These included “taking hostages”, “rape and other acts of sexual violence”, and “torture”, he said.

“International law and the laws of armed conflict apply to all,” Khan said. “No foot soldier, no commander, no civilian leader – no one – can act with impunity.”

FRANCE 24 with Reuters and AFP)