UK signals potential arrest of Netanyahu under ICC warrant, Germany cites ‘Nazi history’ to abstain

The United Kingdom may arrest Israeli Prime Minister Benjamin Netanyahu if he visits the country, according to statements on November 22. This decision would adhere to an arrest warrant issued by the International Criminal Court (ICC) on November 21. Netanyahu and former Defence Minister Yoav Gallant face accusations from the ICC of employing starvation as a weapon of warfare, which constitutes a war crime under international law.

UK Prime Minister Keir Starmer’s spokesman declined to confirm whether an arrest would occur but emphasised that the UK would meet its obligations under both domestic and international law. Britain, a signatory to the Rome Statute since 1998, enforces compliance with ICC warrants under its ICC Act 2001, which mandates the endorsement of such warrants for execution within the UK. However, UK officials noted that the act has never been tested, as no individual charged by the ICC has entered the country.

Germany abstains citing historical ties with Israel

In contrast, Germany has stated it would not comply with the ICC warrant against Netanyahu, citing its historical responsibility stemming from its Nazi past. A spokesperson for German Chancellor Olaf Scholz told The Telegraph that Germany’s relations with Israel hold unique importance due to its history, making it unlikely that such an arrest would be executed.

Germany, a strong proponent of the ICC, expressed its recognition of the court’s decision but tempered its stance with a careful approach to any domestic measures. A government statement indicated that any action would only be contemplated if Netanyahu or Gallant were to announce a visit to Germany.

Hungary openly defies ICC

Meanwhile, Hungarian Prime Minister Viktor Orbán took a markedly different approach, extending an invitation to Netanyahu and openly defying the ICC’s warrant. Speaking to state radio on November 22, Orbán criticised the ICC for political interference in an ongoing conflict and dismissed the warrant as “outrageously impudent” and “cynical.”

Netanyahu responded to Orbán’s invitation with gratitude, praising Hungary for its “moral clarity” and support. Orbán’s stance aligns with opposition from other nations like the United States and Austria, which have condemned the ICC’s actions but stopped short of inviting Netanyahu.

ICC’s enforcement limitations

The ICC’s warrant highlights a broader issue of enforcement. Although its member states are obligated to arrest individuals charged by the court upon their arrival, the ICC lacks mechanisms to compel compliance. As a result, international responses to such warrants vary widely, often reflecting geopolitical considerations.

With Netanyahu facing polarised reactions from nations, the ICC’s warrant is set to test international commitments to justice and the limits of diplomatic ties.