World leaders have clashed over the International Criminal Court's decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leaders for alleged war crimes. France, a member of the ICC and a traditional ally of Israel, finds itself at a crossroads between respecting international law and facing its internal political divisions.
The warrants – issued late Thursday – mark the first time a sitting leader of a major Western ally has been accused of war crimes and crimes against humanity by a global court of justice.
Netanyahu and Defence Minister Yoav Gallant are accused of "starvation as a method of warfare" by restricting humanitarian aid and targeting civilians during Israel’s military campaign against Hamas in Gaza since 7 October 2023.
Hamas military chief Mohammed Deif is accused of war crimes, including orchestrating the October attack on Israel and "sexual and gender-based violence" against hostages.
Israel said it killed Deif in July, but Hamas has not confirmed his death.
The ICC's 124 member states must arrest suspects on their territory, though the court has no power to enforce this.
France backs ICC after arrest warrant for Israeli, Hamas leaders
Mixed reactions
The ICC decision has sparked starkly different reactions across the globe. US President Joe Biden condemned the move, calling it "outrageous."
He said: "There is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security."
European countries have, for the most part, expressed their willingness to fall in line with the court's decision.
France offered a measured response, acknowledging the court’s independence but declining to comment on potential enforcement.
"True to its long-standing commitment to supporting international justice, it reiterates its attachment to the independent work of the court," the foreign ministry said.
But Christophe Lemoine, a ministry spokesman declined to say whether France would arrest Netanyahu if he came to the country, saying it was "legally complex".
The EU’s foreign policy chief Josep Borrell defended the court’s authority, stating: "It is a decision of a court of justice... and has to be respected."
Austria rejected the warrants as "absurd", while Hungarian Prime Minister Viktor Orban, a staunch ally of Netanyahu, described them as "outrageously impudent" and invited the Israeli leader to visit Hungary.
Hungary holds the European Union's rotating presidency and Orban is one of Israel's closest partners in the 27-country bloc. He is also the only EU leader to have maintained close ties with Vladimir Putin after Russia's 2022 invasion of Ukraine.
Netanyahu on Friday thanked Orban for showing "moral clarity" and "standing by the side of justice and truth".
He denounced the ICC’s actions as "anti-Semitic" and "absurd and false", rejecting all allegations. Israeli officials have firmly denied the charges.
Hamas, meanwhile, welcomed the move as a step towards justice. Senior official Basem Naim said it was "an important step" but warned that it must be "backed practically by all countries" to have real impact.
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Historical ties
France and Germany, mindful of their historical ties to Israel, are treading carefully.
German government spokesman Steffen Hebestreit reiterated Berlin’s support for the ICC, calling it a product of "German history".
However, he acknowledged that Germany’s unique relationship with Israel demands careful consideration of the warrant’s implications.
"At the same time, it is a consequence of German history that we share unique relations with and a great responsibility towards Israel," Hebestreit said in a statement.
Germany's Foreign Minister Annalena Baerbock said they were examining exactly what the warrant means for "implementation in Germany".
In France, Israeli ambassador Joshua Zarka criticised the ICC decision as "entirely arbitrary" and urged President Emmanuel Macron to reject it.
"This decision to equate a democratic country with a terrorist organisation is an offence to all victims of this war, whether Israeli or Palestinian," Zarka said.
Meanwhile South Africa praised the ICC’s actions as "a significant step towards justice for crimes against humanity and war crimes in Palestine."
The country is also pursuing a case at the International Court of Justice accusing Israel of committing genocide in Gaza, which it claims violates the UN Genocide Convention.
As nations around the world continue to weigh in on the ICC warrants, chief prosecutor Karim Khan urged the body's members to act on them, and for non-members to work together in "upholding international law".
Of the 56 warrants issued since the creation of the ICC in 2002, only 21 have been executed.
