Maître William Julié provided explanations to Le Figaro regarding the French government’s press release and the delicate issue of immunities granted to incumbent heads of state, following the issuance of an arrest warrant by the International Criminal Court against Benyamin Netanyahu.
If, under customary international law, these immunities may have prevented the initiation of proceedings against heads of state during their term of office, the Rome Statute does not provide for their immunity before the ICC.
Furthermore, since 2011, the Court has consistently convicted States Parties for refusing to fulfill their obligation to cooperate and arrest when a sitting head of state subject to an ICC arrest warrant was present on their territory.
While France’s position is not, in itself, likely to be the subject of direct proceedings for breach of its international obligations, its refusal to arrest Benyamin Netanyahu during a visit to French territory could, on the recommendation of the Assembly of States Parties, bring it before the International Court of Justice, should it agree to it.