The International Criminal Court, Netanyahu, and Berlin's Dilemma

Abstract

The International Criminal Court, created in 2002 and crystallised post-WWII, strives for a rules-based global order. Today that order is wobbly at best. Adherence to the Court's arrest warrant for Israeli prime minister Benjamin Netanyahu for alleged war crimes and crimes against humanity in Gaza is a litmus test for Germany's oft-stated commitment to global rules and norms. A known weakness of the International Criminal Court (ICC) is its dependence on cooperation from its 125 member states to execute arrest warrants. Disregarding such warrants challenges the Court’s authority and damages its credibility. Sudan’s former president Omar al-Bashir's visits to numerous member states following his arrest warrants exposed how states prioritised political alliances over ICC obligations. Similarly, political alliances with Israel have hindered the execution of the ICC's arrest warrant for Netanyahu. Although a non-member, the US announced sanctions against some ICC staff, which looms as an obstacle for ICC operations. Among ICC members, Hungary recently declared its withdrawal from the Court and German chancellor Friedrich Merz stated Netanyahu would be able to visit Germany without arrest. Western reactions to the Netanyahu government's conduct of the war in Gaza continue to fuel fierce allegations of double standards across the Global South. Welcoming Netanyahu in Germany would be read as a public signal of prioritising relations with the Israeli prime minister over international rules and Germany’s commitment to human rights.