Israeli Prime Minister Benjamin Netanyahu speaks during a news conference in Jerusalem, Sept. 2, 2024. Photo: Ohad Zwigenberg/Pool via REUTERS

France said on Wednesday it believed Israeli Prime Minister Benjamin Netanyahu had immunity to actions by the International Criminal Court (ICC) which is seeking his arrest for alleged war crimes in Gaza, given Israel has not signed up to the court statutes.

France‘s view, issued a day after the announcement of a ceasefire between Israel and the Lebanese terrorist group Hezbollah brokered by the US and France, was condemned by rights groups. Other countries including Italy have also questioned the legality of the mandate.

A statement by the French Foreign Ministry said it would continue to work closely with Netanyahu.

Paris has taken almost a week to come up with a clear position, after the court in The Hague issued arrest warrants on Nov. 21 for Netanyahu, his former defense chief Yoav Gallant, and a leader of the Hamas Palestinian terrorist group.

After initially saying it would adhere to the ICC statutes, France‘s foreign ministry fine-tuned that in a second statement on Nov. 22 amid concerns that Israel could scupper efforts for a ceasefire in Lebanon, saying it noted that the court’s decision merely formalized an accusation.

On Wednesday, the ministry pointed out that the Rome Statute that established the ICC provided that a country cannot be required to act in a manner incompatible with its obligations “with respect to the immunities of States not party to the ICC.”

“Such immunities apply to Prime Minister Netanyahu and other relevant ministers and will have to be taken into consideration should the ICC request their arrest and surrender.”

The French ministry statement, referring to what it called the historic friendship between two democracies committed to the rule of law, said France intended to continue to work closely with Netanyahu and other Israeli authorities “to achieve peace and security for all in the Middle East.”

The ICC has no jurisdiction over Israel as it is not a signatory to the Rome Statute, which established the court. Other countries including the US have similarly not signed the ICC charter. However, the ICC has asserted jurisdiction by accepting “Palestine” as a signatory in 2015, despite no such state being recognized under international law.

Rights groups suggested France had tempered its response in order to maintain a working relationship with Netanyahu and his government.

“Some shocking nonsense from France here. No one gets immunity from an ICC arrest warrant because they’re in office – not Netanyahu, not Putin, no one,” Andrew Stroehlein, European media director at Human Rights Watch, said on X.

He pointed to article 27 of the Rome Statute on the “irrelevance of official capacity.”

Amnesty called France‘s position “deeply problematic.”

“Rather than inferring that ICC indictees may enjoy immunity, France should expressly confirm its acceptance of the unequivocal legal duty under the Rome Statute to carry out arrest warrants.”

Israeli leaders have lamabsted the ICC’s allegations against Netanyahu and Gallant as false, politically motivated, and “antisemitic.”

The US similarly rejected the arrest warrants for the Israelis.