ICC says states cannot determine ‘soundness’ of its decisions as Israeli PM faces warrant on Gaza war crime allegations.

Friedrich Merz, who is expected to be Germany’s next chancellor, says he would make sure Israeli Prime Minister Benjamin Netanyahu can visit Germany despite an arrest warrant issued against him by the International Criminal Court (ICC).

Speaking to reporters on Monday, a day after his conservative Christian Democratic Union (CDU) party won national elections, Merz said he told Netanyahu in a congratulatory phone call that the pair should meet after a new German government is formed.

  • barsoap@lemm.eeEnglish
    7·
    21 hours ago

    That’s a very good question and I guess the answer is ask the constitutional court. Quoth §20 GVG:

    German jurisdiction also shall not apply to representatives of other states and persons accompanying them who are staying in the territory of application of this Act at the official invitation of the Federal Republic of Germany.

    This is international jurisdiction, though, also is it even legally possible to extend an official invitation to a known fugitive.

    It gets even more complicated because even if the federation thinks that it should not apply an international warrant, that doesn’t mean that the states think they shouldn’t.

    And then there’s the whole political question, stances on the violence aside “let’s just not arrest people when the ICC wants to put them to trial” is not a thing that’s exactly popular among law-and-order-and-procedures CDU people. Their preference would be, if anything, to not have to think about the issue, that is, not have Netanyahu visit.