After a successful election campaign, Friedrich Merz, leader of the conservative Christian Democratic Union (CDU), expressed his high spirits as he stood in front of journalists at the party’s headquarters in Berlin. In light of the outcomes, Merz is expected to become Germany’s new chancellor, with the center-left Social Democrats (SPD) as his coalition partner.
During a press conference, Merz mentioned the numerous congratulations he received on the election’s outcome, including one from Israel’s Prime Minister Benjamin Netanyahu. He disclosed that Netanyahu had congratulated him over the phone and expressed his belief that any Israeli Prime Minister must be allowed to visit Germany without the hindrance of legal processes, despite an international arrest warrant issued against Netanyahu by the International Criminal Court (ICC). This statement has stirred reactions within German politics.
The ICC in The Hague issued the arrest warrant for Netanyahu and former Israeli Defense Minister, Yoav Gallant, due to accusations of complicity in crimes against humanity and war crimes in the Gaza Strip. An arrest warrant was also issued for Mohamed Deif, a leader in Hamas, which is considered a terrorist organization by the US, EU, and Germany. Deif was later killed during an Israeli military operation.
While the SPD, currently in discussions with the CDU and its sister party, the Christian Socialist Union (CSU), for coalition talks, respects ICC procedures and decisions, they also emphasize the need for diplomatic ways to maintain close relations with the Israeli government, possibly holding meetings outside of Germany.
Germany supports the ICC and is one of the 125 ICC signatory states, although significant global powers like the US and Russia are not among them, nor is Israel. If Netanyahu were to visit Germany, he would have to be arrested due to the obligations of ICC member states, including Germany, to apprehend wanted persons on their territories. However, how such an arrest could be prevented remains unclear.
Netanyahu has been using this issue as a point of contention, stating that Merz’s support of his trip is in defiance of the ICC’s controversial decision to label the Prime Minister as a war criminal. Germany has traditionally supported Israel, especially during the recent conflict in Gaza, and sees this support as part of its political stance, yet it remains uncertain how this support extends to official visits from the Israeli leadership.
Expert opinions suggest that any political decision to prevent Netanyahu’s arrest would violate the separation of powers in Germany and pose a conflict with the ICC. Merz had emphasized during his campaign that an Israeli Prime Minister would not be arrested in Germany under his leadership. Hungary’s Prime Minister Viktor Orban, who invited Netanyahu to Budapest after the issuance of the arrest warrant, similarly stated his opposition to any such legal action against the Israeli leader.
The article highlights the delicate balance between political support for Israel and adherence to international legal norms.
Source: https://www.dw.com/en/merz-invites-netanyahu-to-germany-despite-icc-arrest-warrant/a-71788069?maca=en-rss-en-all-1573-rdf
