Would Netanyahu be arrested in Germany?

2024-12-03 09:07:00, Kosova & Bota CNA

Can Israeli Prime Minister Benjamin Netanyahu be arrested if he comes to Germany? A great dispute has erupted over this issue.

A week ago, the International Criminal Court in The Hague put the German government in front of a big dilemma: The court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and the recently dismissed Israeli Defense Minister, Yoav Galant. The reason: Both are suspected of crimes against humanity in the Gaza Strip. Since the establishment of the International Criminal Court in 2002, Germany has been one of the 124 signatory states and is considered its constant supporter. But as a result of the genocide of European Jews during the Nazi era, Germany is a close ally of Israel.

Barenboim: "Impossible life in Gaza"

On Friday, some experts in Berlin described the Hague decision as a wake-up call for the federal government as well. She always insisted that the Israeli government had the right to defend itself using harsh means after the October 2023 terrorist attack.

Christine Binzel, professor of economics and society in the Middle East at the University of Erlangen-Nuremberg, says the International Criminal Court has repeatedly denounced Israel's actions. However, Germany refused to support the Court: "Germany has not fulfilled this obligation for 14 months. Germany is not only an observer, but the federal government continues to support Israel politically, financially, militarily and legally to this day. Germany is the supplier of second largest in arms after the US," adds Michael Barenboim, a musician and professor at the Barenboim-Said Academy: "Since the beginning of October 2024, Israel has placed northern Gaza under a complete state of siege, making human life there impossible."

What will happen if Netanyahu visits Berlin?

Since the Hague decision, the federal government has focused on another issue: What would happen if the head of government of Israel's friendly state were to visit Berlin now? The German judiciary would have to arrest Netanyahu. Such a visit has not been planned since the terrorist militia Hamas attacked Israel on October 7 last year. His last visit to Berlin was in March 2023.

Government spokesman: Hardly conceivable arrest

A week ago, Chancellor Olaf Scholz's spokesman, Steffen Hebestreit, said that Germany should consider both: solidarity with Israel as a state and support for international law. "On the one hand, there is the importance of the International Criminal Court, which we have strongly. And on the other hand, the historical importance and the responsibility for Israel. I find it difficult to imagine us making arrests in Germany on this basis. In this point, the German Foreign Minister, Annalena Baerbock, said that the government should carefully examine the process.

Legal basis for arrest

But Baerbocktani sounds a little different: "The federal government abides by the law, because no one is above the law," said the environmentalist politician on the sidelines of a meeting of G7 foreign ministers in Fiuggi, Italy. For more: "In Germany, the independence of the judiciary is applied, which in this case has concluded that there is enough evidence for it to take this step now".

According to some German politicians, a way out of the difficult situation would be: The Criminal Court becomes active only if the state in question cannot legally prosecute its own politicians for crimes. Therefore, Germany should work to ensure that after the end of the war, a legal process takes place in Israel, which may include the role of Netanyahu. This is how the chairman of the Foreign Affairs Committee in the Bundestag, Michael Roth (SPD), argues: "The Criminal Court is losing a lot of its credibility, because it does not take measures against war criminals and dictators like Bashar al-Assad. But it takes measures against the head of government of a country with an independent judiciary, where he can be prosecuted".

The US stands firmly on Israel's side

US President Joe Biden, on the other hand, sided with the Israeli government. Like Israel, the US and Russia do not recognize the International Criminal Court. Biden said: "Let me be clear again: Whatever the International Criminal Court may suggest, Israel and Hamas are not equal - not at all," Biden said.

He was referring to the fact that an arrest warrant had been issued not only against two Israeli politicians, but also against a senior member of Hamas. Biden continued: "We will always stand with Israel when its security is threatened." White House spokeswoman Karine Jean-Pierre said the US would not execute an arrest warrant. Hungarian Prime Minister Viktor Orban made similar comments and even demonstratively invited Netanyahu to visit Budapest. He added that of course Netanyahu would not be arrested in his country./ DW