EU affirms ICC arrest warrants are binding for member states

The European Union has confirmed its commitment to enforcing the recent International Criminal Court (ICC) arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas military leader Mohammed Deif.

Speaking on 21 November 2024, EU foreign policy chief Joseph Borrell emphasised that the bloc’s member states are legally bound to implement the ICC’s decisions.

“It is not a political decision. It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented,” Borrell stated during a press conference in Amman, Jordan, alongside Jordanian Foreign Minister Ayman Safadi.

I take note of the decision of the @IntlCrimCourt to issue arrest warrants for Israel PM Netanyahu, former Minister Gallant, and Hamas leader Deif.

These decisions are binding on all States party to the Rome Statute, which includes all EU Member States.

— Josep Borrell Fontelles (@JosepBorrellF) November 21, 2024

Borrell reiterated that all EU members, as parties to the ICC’s Rome Statute, are obligated to act upon the warrants. He described the ICC’s ruling as binding and called for compliance to uphold the court’s independence and the principles of international law.

Member states of the EU expressed varying reactions to the warrants.

The Netherlands committed to acting on the warrants, with Foreign Minister Caspar Veldkamp stating, “We fully comply with the Rome Statute.”

France pledged adherence to ICC statutes but acknowledged legal complexities. Sweden’s Foreign Minister Maria Malmer Stenergard reiterated the country’s commitment to the court’s independence, noting law enforcement authorities would decide on arrests.

Meanwhile, Italy’s Foreign Minister Antonio Tajani called for coordinated action with allies, underlining the ICC’s legal—not political—role.

Ireland’s Prime Minister Simon Harris termed the warrants a “significant step” and urged all nations to support the ICC’s efforts.

Norway affirmed trust in the court’s judicious mandate, with Foreign Minister Espen Barth Eide calling for adherence to the highest standards of fair trial.

Jordanian Foreign Minister Ayman Safadi reinforced the need to respect the ICC’s rulings, asserting that justice for Palestinians is essential.

The warrants come as Israel’s military offensive in Gaza recently entered its second year, claiming approximately 44,000 Palestinian lives, most of them women and children.

The campaign has displaced nearly the entire population of Gaza, worsened by a blockade leading to severe shortages of food, water, and medicine, pushing residents to the brink of starvation.

Commenting on the humanitarian crisis in Gaza, Joseph Borrell expressed his dismay on X: “What is going on in Gaza is a tragedy, but a man-made one. UN humanitarian operations may have to stop on Monday because there is no more food, no more fuel.

“The delivery of the needed aid is impeded or denied for futile reasons. Looting has become increasingly organised.”

“There is no more society in Gaza, but individuals fighting for their survival. No one is safe, nowhere is safe. In the name of humanity: this massacre has to stop.”

The ICC warrants, issued on Thursday, impose significant legal obligations on 124 member states to arrest and surrender the named individuals should they enter their jurisdictions.

While Israel is not a member of the ICC and has rejected its jurisdiction, the warrants theoretically restrict Netanyahu’s travel options.

The EU’s firm stance contrasts with the United States’ rejection of the ICC’s jurisdiction over the matter.