EU says ICC arrest warrants for Netanyahu, Gallant ‘binding’

AMMAN/WASHINGTON/PARIS: The European Union’s (EU) foreign policy chief said International Criminal Court (ICC) arrest warrants issued on Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant and Hamas’s military chief Mohammed Deif were “binding” and should be implemented.

“It is not a political decision. It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented,” Joseph Borrell said during a visit to the Jordanian capital Amman.

“This decision is a binding decision and all states, all state parties of the court, which include all members of the European Union, are binding to implement this court decision,” he said after a joint news conference with Jordanian Foreign Minister Ayman Safadi.

The ICC’s move now theoretically limits the movement of Netanyahu as any of the court’s 124 national members would be obliged to arrest him on their territory.

Israel said in early August it had killed Deif in an air strike in southern Gaza in July, but Hamas has not confirmed his death.

The court said it had pressed on with issuing the arrest warrant as the prosecutor had not been able to determine whether Deif was dead.

Borrell hands over his post next month to his designated successor Kaja Kallas.

US ‘fundamentally rejects’ ICC warrant for Israeli PM

Meanwhile, the United States (US) “fundamentally rejected” the decision by the ICC to issue arrest warrants for Netanyahu and Gallant, the White House said on Thursday.

“We remain deeply concerned by the Prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. The United States has been clear that the ICC does not have jurisdiction over this matter,” a National Security Council spokesperson said.

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The statement made no mention of an ICC arrest warrant also issued for Mohammed Deif, the military chief of Hamas.

Mike Waltz, the incoming national security advisor under US President-elect Donald Trump’s administration, defended Israel and promised a “strong response to the antisemitic bias of the ICC & UN come January.”

“The ICC has no credibility and these allegations have been refuted by the US government,” Waltz said on X.

His comments reflected a wider outrage among Republicans, with some calling for the US Senate to sanction the ICC, which counts 124 national members who are in theory obliged to arrest individuals subject to warrants.

Neither the United States nor Israel is a member of the ICC and both have rejected its jurisdiction.

‘A modern-day Dreyfus trial’

Israeli PM Netanyahu accused the ICC of anti-Semitism after it issued arrest warrants, calling it “a modern-day Dreyfus trial”.

“The anti-Semitic decision of the ICC is comparable to the modern-day Dreyfus trial – and it will end in the same way,” Netanyahu said in a statement, referring to the 19th century Alfred Dreyfus affair in which a Jewish army captain was reportedly convicted wrongly of treason in France.

‘Expand scope of accountability’

“We call on the ICC to expand the scope of accountability to all criminal occupation leaders,” Hamas said in its official statement.

Senior Hamas official Basem Naim termed the order “an important step on the path to justice and bringing justice to the victims but it remains a limited and spiritual step if it is not backed practically by all countries”.

‘Netanyahu now officially a wanted man’

Israel PM Netanyahu is “now officially a wanted man” after the ICC decision on Thursday to issue arrest warrants for the Israeli leader, Amnesty International said.

“Prime Minister Netanyahu is now officially a wanted man,” Amnesty Secretary General Agnes Callamard said in a statement.

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“We urge all ICC member states, and non-states parties including the United States and other allies of Israel, to demonstrate their respect for the court’s decision… by arresting and handing over those wanted by the ICC,” Callamard added.

“ICC member states and the whole international community must stop at nothing until these individuals are brought to trial before the ICC’s independent and impartial judges.”

Reactions from other countries

Netherlands

“The Netherlands obviously respects the independence of the ICC,” Dutch Foreign Minister Caspar Veldkamp told parliament, adding, “We won’t engage in non-essential contacts and we will act on the arrest warrants. We fully comply with the Rome Statute of the ICC.”

France

France’s Foreign Ministry spokesperson Christophe Lemoine said the French reaction to the warrants would be “in line with ICC statutes” but declined to say whether France would arrest the leader if he came to the country. “It’s a point that is legally complex,” he said.

Italy

Italy’s Foreign Minister Antonio Tajani said Rome would consider with allies how to interpret the decision and act together. “We support the ICC … the court must play a legal role and not a political role,” he added.

Norway

Norway’s Foreign Minister Espen Barth Eide said, “It is important that the ICC carries out its mandate in a judicious manner. I have confidence that the court will proceed with the case based on the highest fair trial standards.”

Sweden

Swedish Foreign Minister Maria Malmer Stenergard said Sweden and the EU “support the court’s important work and protect its independence and integrity”. Swedish law enforcement authorities decide on the arrest of subjects of ICC warrants on Swedish territory, she added.

Ireland

Ireland’s Prime Minister Simon Harris called the warrants “an extremely significant step” and added that Ireland respects the role of the ICC and anyone in a position to assist it in carrying out its vital work must do so “with urgency”.

Jordan

Jordan’s Foreign Minister Ayman Safadi said the ICC rulings should be respected and implemented, adding that “Palestinians deserve justice”.