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UN rapporteur: France’s Netanyahu immunity claim from ICC has ‘no’ legal validity

GAZA (Palestine Foundation Information Center) The UN special rapporteur on Palestine on Thursday rejected France’s immunity claims regarding the arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant by the International Criminal Court (ICC), arguing such immunity has “no” legal validity.

French Foreign Minister Jean-Noel Barrot said on Wednesday that certain leaders could have immunity under the Rome Statute, the treaty establishing the International Criminal Court (ICC).

Barrot highlighted that the Rome Statute “deals with questions of immunity for certain leaders,” adding that such matters ultimately rest with judicial authorities.

Asked in an interview whether this claim has any legal validity, Francesca Albanese said: “No, because it’s been already resolved by the court in the case of Omar al-Bashir in the past, and no one (argued).”

“The argument of the state immunity cannot be made. The court has already said it,” Albanese said.

She underlined that hindering the enforcement of an ICC arrest warrant could be considered a violation of Article 70 of the Rome Statute.

“I want to point to the fact that obstructing the execution of an ICC arrest warrant could be seen as a breach of Article 70, an obstruction to the administration of justice, which is an offense, a criminal offense in itself,” she said.

She also described France’s contradictory approaches toward the warrant against Netanyahu and the one issued against Russia’s President Vladimir Putin back in March 2023 – a non-party state – as “double standards.”

Last week, the ICC issued arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity in Gaza.

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