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Arrest warrant against Netanyahu: what legal arguments does the ICC rely on?

Maître William Julié provided some legal and procedural clarifications to Le Figaro following the application by the Prosecutor of the International Criminal Court to issue an arrest warrant for the Israeli Prime Minister before the Court’s Pre-Trial Chamber, which will have to rule on the confirmation of the warrant. He specified that the qualifications chosen for the prosecution of Benjamin Netanyahu are, for the time being, mainly based on the famine reported by the UN as being suffered by the people of the Gaza Strip. However, the effectiveness of such an arrest warrant, even if confirmed by the Pre-Trial Chamber, remains limited to member states of the International Criminal Court, and is subject to execution by states that have ratified its Statute, which have historically been reluctant to arrest a sitting Head of State. This decision by the Prosecutor, although strong symbolically and legally, is likely to encounter difficulties in practice due to political considerations.