Would Netanyah be arrested if he went to Germany?

The Israeli prime minister is threatened by the International Court of The Hague arrest warrant. Germany thus lies in the dilemma between the state's cause for Israel and international law.

They were the leaders that the German government would not like to see: “Germany would arrest Netanyahu”, titled the German newspaper with the highest circulation “Bild Zeitung” on Wednesday evening (22.05). Even the newspaper “Welt” wrote: “Germany would extradite Netanyah, let the government spokesman understand. ”

Can you imagine that? So that Germany can arrest the Israeli political leader or even hand him over, if International Court of The Hague arrest warrants were issued against Prime Minister Benjamin Netanyahu? For the leader of the strongest opposition party, the CDU, Friedrich Merz, the mere thought of that is unbearable. The German government's “case to the government spokesman's allude, that Netanyahu on German soil would be arrested, is indeed turning into a scandal”, Merz told “Bild-Zeitung”.

Request for lawsuit against Netanyya and Minister Gallant

What happened? The chief prosecutor of The Hague International Court, British lawyer Karim Khan on Monday (20.05). due to allegations of crimes against humanity and war crimes applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, as well as against three leaders of the Palestinian radical-Islamic organisation Hamas. Reason? The great suffering of the people at the Gaza Strip after Israel's military response to Hamas' terrorist attack on October 7th last year. Khan accuses Netanyah and his minister specifically of using death from hunger in the Gaza Strip as a weapon.

So there are requirements for arrest warrants against leaders of both Israel and Hamas, the organization from many Western countries, and Germany is classified as terrorist organisations. Khan simultaneously submitted requests that are being verified and reviewed by the court. Is he placing on a scale the head of the Israeli government with the three leaders of Hamas? That's exactly what makes Merz angry. “simply request for arrest warrants at the same time as against Israeli Prime Minister Netanyahu and the heads of Hamas, Sinvar is an absurd overthrow of the victim and perpetrators”, the head of the CDU stressed.

A Stressed Government

How difficult the German government really has to position clearly in this case, it became evident at the press conference with German Chancellor Stephen Hebestreet's spokesman. Evidently tense Hebestreet was due to face voices Wednesday, that Scholz was <x0thrond” by the chief prosecutor's announcement. Hebestreet said that “cannot report shock and anger. We've made it clear that we see this as very critical. And we have clearly remembered the differences regarding the structure of the state of Israel, its independent justice. ”

Would an arrest warrant against Netanyya be legal?

So could the court's charges at The Hague be assessed differently? That's because once you're touched by a legal state and not once? True, even international law experts express reservations if Khan could have filed a lawsuit against Netanyahu. In the court's main rules, according to expert Constantin Ganão in “Tabespiegel”, that it can become active if the state in question is not willing or unable to start its own investigation. Like dictatorial places. But not this in the democratic state of Israel.

German government dilemma now: Germany is part of the main supporters of the International Court of The Hague, which since 2002 investigates violations such as genocide or war crimes and also renders judgments. Against persons, but not against states. In 2023 alone, the German government granted $20 million to the court. 123 countries support this court, which is no part of the United Nations. But important states like the US or Israel don't.

Germany and Israel's Special Relationship

On the other hand: For Germany, Israel's support is the State cause, even as a result of Germany's darkest history, with the killing of millions of Jews living in Nazi dictatorship. But does this also apply to government leader Netanyahu personally? Hebestreet said of this: “For real we are supporters of the International Court and this will remain so. We respect right and law. ”

He too criticized Khan's prosecution. The same is that the chief prosecutor chose an interview on CNN, and in a spirit expressed applications for arrest warrants against both Hamas' three leaders and the Israeli prime minister and defence minister. ”

Severe critics of Khan also came from Israeli Ambassador to Germany Ron Prosor, but he also addressed the German government. “He called the government's assessments as the elusive “” and added that “declaration, which Israel has the right to self-reliance, loses credibility, if our hands are tied, to put this into effect”.

Reactions From Other States

True, other countries are clearer in their statements compared with Germany, when asked whether to arrest Netanyah. Hungary said like no. This country supports the International Court, said Gergely Gulyas, chairman of Prime Minister Orban's cabinet office. But in the case of the visit to Hungary, Netanyahu should not expect arrest. Even before days, the American president, Biden, had described The Hague as irritating. But the U.S. has never supported this court. In Germany the situation is different and more complicated. / DW