Berlin’s reluctance to abide by the ICC arrest warrants against Netanyahu opens the country to a wider scrutiny and diplomatic pressure.
When the ICC refers matters to the ASP, it is essentially seeking the collective input or intervention of the state parties to the Rome Statute. / Photo: ICC
This referral process occurs when the Court encounters issues that it cannot address independently, such as lack of cooperation from states, enforcement challenges, or systemic obstructions to its operations. He also pointed to Germany's"unique relationship and great responsibility toward Israel" as a consequence of German history, suggesting this would factor into any decision-making process.
“The underlying message to Netanyahu and Gallant is clear: they face a real risk of arrest if they step onto German soil. That, in itself, is already a significant outcome,” she explains.Since Germany has expressed a more nuanced position, announcing respect for the ICC’s ruling but casting doubt on practical enforcement, the ultimate test of Berlin’s position will only become clear if Netanyahu or Gallant set foot on German soil.
Asked about the implications if Germany were to officially reject the ICC ruling, Pelliconi says that it would violate its legal obligations under the Rome Statute, potentially leading the ICC to condemn Germany for non-compliance, as it did with Mongolia in September for failing to arrest Russian President Vladimir Putin, who is also under an international arrest warrant.
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