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France’s argument that Benjamin Netanyahu’s immunity as a sitting head of government somehow protects him from the ICC’s arrest warrant doesn’t hold up under international law.

The Rome Statute makes it clear in Article 27 that no one is above the law for crimes like genocide, war crimes, or crimes against humanity. The Statue applies "equally to all persons without any distinction based on official capacity." This means Netanyahu’s position as a sitting prime minister doesn’t give him immunity from prosecution.

As a member of the ICC, France has a legal obligation under Article 89 of the Rome Statute to cooperate with the Court and execute arrest warrants, regardless of the accused’s official position. The fact that Israel isn’t a member of the ICC is irrelevant. The Court can prosecute crimes committed on the territory of a member state, and Palestine—recognized as a State Party since 2015—falls under its jurisdiction.

Furthermore, despite France's claim, international law has also long established that there is no immunity for grave crimes. Cases like those of Sudan’s Omar al-Bashir and Liberia’s Charles Taylor have shown that even sitting leaders can be held accountable.

As for what France refers to "relevant ministers" (aka Gallant), France is conveniently ignored the fact that he's not even in government anymore!

France is simply using a distorted legal argument as a pretext to sidestep its responsibilities under international law. How far is it willing to go to protect a war criminal?

https://x.com/RezaNasri1/status/1861790693930491988?s=19



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France’s argument that Benjamin Netanyahu’s immunity as a sitting head of government somehow protects him from the ICC’s arrest warrant doesn’t hold up under international law.

The Rome Statute makes it clear in Article 27 that no one is above the law for crimes like genocide, war crimes, or crimes against humanity. The Statue applies "equally to all persons without any distinction based on official capacity." This means Netanyahu’s position as a sitting prime minister doesn’t give him immunity from prosecution.

As a member of the ICC, France has a legal obligation under Article 89 of the Rome Statute to cooperate with the Court and execute arrest warrants, regardless of the accused’s official position. The fact that Israel isn’t a member of the ICC is irrelevant. The Court can prosecute crimes committed on the territory of a member state, and Palestine—recognized as a State Party since 2015—falls under its jurisdiction.

Furthermore, despite France's claim, international law has also long established that there is no immunity for grave crimes. Cases like those of Sudan’s Omar al-Bashir and Liberia’s Charles Taylor have shown that even sitting leaders can be held accountable.

As for what France refers to "relevant ministers" (aka Gallant), France is conveniently ignored the fact that he's not even in government anymore!

France is simply using a distorted legal argument as a pretext to sidestep its responsibilities under international law. How far is it willing to go to protect a war criminal?

https://x.com/RezaNasri1/status/1861790693930491988?s=19

BY کانال اختصاصی رضا نصری


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