France reaffirms its commitment to the Rome Statute and ICC cooperation but insists that international law upholds the immunity of leaders from non-signatory states, including Prime Minister Netanyahu. It pledges to consider these immunities if arrests are requested, while emphasizing its historic ties with Israel and continued collaboration for peace and security.
Article 27
Irrelevance of official capacity
1.
This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
2.
Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.
Does that mean Putin can go to France and would be immune?
In theory, yes, Putin might be immune from arrest in France as long as he is a sitting head of state, due to customary international law on immunities. However, France’s position reveals a potential double standard. While it highlights the immunities of Israeli officials in its communication regarding the ICC, it has not explicitly clarified whether similar protections would apply to Putin or other officials from non-party states accused of crimes by the ICC. This lack of consistency leaves France’s intentions ambiguous and raises questions about whether political or strategic considerations outweigh its commitment to international justice.
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"France will respect its international obligations, it being understood that the Rome Statute requires full cooperation with the International Criminal Court (ICC) and also provides that a State cannot be required to act in a manner incompatible with its obligations under international law with regard to the immunities of States not party to the ICC. Such immunities apply to Prime Minister Netanyahu and the other ministers concerned and will have to be taken into consideration if the ICC were to request their arrest and surrender.
In accordance with the historic friendship between France and Israel, two democracies committed to the rule of law and respect for a professional and independent justice system, France intends to continue to work closely with Prime Minister Netanyahu and other Israeli authorities to achieve peace and security for all in the Middle East."
