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ICC: nobody is immune, arrest warrant for Netanyahu must be respected

Spokesman International Criminal Court clarifies obligations of member states and validity of life warrants

The International Criminal Court (ICC) reiterated that all member states must execute arrest warrants issued, including those addressed to sitting leaders such as Israeli Prime Minister Benjamin Netanyahu. This principle is enshrined in Article 27 of the Rome Statute, which states that diplomatic immunity does not protect against charges for international crimes.

According to Fadi el Abdallah, spokesperson for the ICC, if a state believes it is in a conflict of obligations, e.g. due to laws on diplomatic immunity, it must turn to the Court’s judges for clarification. Past decisions, such as in the cases of Sudan’s Omar al Bashir or Vladimir Putin, have confirmed that immunities do not override international obligations to the ICC.

El Abdallah emphasised that arrest warrants are valid for life and can remain pending for decades, but international justice continues until they are executed. ‘We believe in the presumption of innocence, but the accused must answer before justice. Political circumstances may change, but the Court remains firm in its objectives.’

The issue is particularly relevant since neither Israel nor Russia is a member of the ICC, which complicates international cooperation. However, ICC member states, such as France, are obliged to act unless they demonstrate circumstances to the courts that prevent them from cooperating. The ICC, composed of 124 states, continues to be a point of reference for international criminal law and the prosecution of the most serious crimes.

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