Friedrich Merz, who is anticipated to be Germany’s subsequent chancellor, says he would be sure Israeli Prime Minister Benjamin Netanyahu can go to Germany regardless of an arrest warrant issued in opposition to him by the Worldwide Felony Courtroom (ICC).
Chatting with reporters on Monday, a day after his conservative Christian Democratic Union (CDU) get together gained nationwide elections, Merz mentioned he advised Netanyahu in a congratulatory phone call that the pair ought to meet after a brand new German authorities is shaped.
“Within the occasion that he [Netanyahu] plans to go to Germany, I’ve promised myself that we’ll discover a approach to make sure that he can go to Germany and depart once more with out being arrested,” Merz mentioned from Berlin.
“I believe it’s a very absurd concept that an Israeli prime minister can’t go to the Federal Republic of Germany. He’ll be capable to go to Germany,” he added.
In an earlier assertion, Netanyahu’s workplace mentioned Merz had invited the Israeli prime minister “to make an official go to to Germany, in overt defiance of the scandalous Worldwide Felony Courtroom determination to label the Prime Minister a conflict legal”.
In November, The Hague-based ICC issued arrest warrants for Netanyahu and his former defence minister Yoav Gallant in addition to Hamas commander Mohammed Deif on prices of conflict crimes and crimes in opposition to humanity.
Each Israel and Hamas say Deif was killed in July in an Israeli air strike.
Israel has condemned the warrants for Netanyahu and Gallant, saying that it has acted in self-defence in opposition to Hamas’s October 2023 assaults on Israel.
However human rights teams and worldwide legislation consultants have accused Israel of committing conflict crimes and indiscriminately bombing Palestinians throughout the Gaza Strip, which has been destroyed in 15 months of conflict.
Greater than 48,000 Palestinians have been killed in the war, in response to Gaza’s Ministry of Well being. However hundreds extra have been reported lacking beneath the rubble and are presumed lifeless.
There are “affordable grounds” to consider that Gallant and Netanyahu “deliberately and knowingly disadvantaged the civilian inhabitants in Gaza of objects indispensable to their survival, together with meals, water, and medication and medical provides, in addition to gas and electrical energy”, the ICC mentioned in its November determination.
The Rome Statute, the treaty that established the ICC, consists of 124 state events throughout six continents.
Underneath the statute, international locations which are a part of the ICC are legally sure to implement its arrest warrants, worldwide human rights lawyer Jonathan Kuttab advised Al Jazeera after the warrants have been issued final yr.
“The legislation operates on the idea of a presumption that individuals will obey it. That’s how all legal guidelines are created,” Kuttab mentioned. “You anticipate all people to respect the legislation. Those that don’t respect the legislation are themselves violating the legislation.”
Germany has been each a staunch ally of Israel and a robust backer of the ICC.
As a member state of the court docket, the nation is required to detain suspects dealing with arrest warrants in the event that they set foot on their soil, however the ICC has no method to implement that.
On Monday, the ICC mentioned that states have a authorized obligation to implement its choices, and any issues they might have must be addressed with the court docket in a well timed and environment friendly method.
“It isn’t for states to unilaterally decide the soundness of the court docket’s authorized choices.”
After the ICC’s determination in November, a German authorities spokesperson mentioned the nation would “rigorously look at” the arrest warrants for Netanyahu and Gallant however wouldn’t take additional steps till a go to to the nation.
“The federal authorities was concerned within the drafting of the ICC statute and is without doubt one of the ICC’s greatest supporters. This place can be a results of German historical past,” the spokesperson mentioned.
“On the similar time, a consequence of German historical past is that we’ve a novel relationship and an amazing duty to Israel.”
