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Human rights campaigners have accused France of double standards after it refused to commit to arresting Israeli Prime Minister Benjamin Netanyahu, despite an international arrest warrant from the International Criminal Court (ICC).

France’s stance has drawn sharp criticism, with many highlighting the contradiction between its refusal to arrest Netanyahu and its previous actions against other individuals under similar warrants, including Sudan’s Omar al-Bashir and Russia’s Vladimir Putin.

A statement from the Elysée Palace claimed that Netanyahu enjoys immunity from arrest as head of state, citing Israel's non-membership in the ICC. 

The French government also emphasised its intention to "continue to work in close collaboration" with Netanyahu and claimed he had immunity to actions by the International Criminal Court despite his alleged war crimes in Gaza.

But international law experts pointed out that under the ICC’s Rome Statute, Article 21 says that immunity cannot be invoked for individuals facing arrest warrants, regardless of their position or the country’s membership in the court.

As a state party to the Rome Statute, France is legally bound to cooperate with the ICC, making its current position more controversial.

Human rights organisations have expressed outrage, accusing France of blatant double standards in its application of international law.

Bénédicte Jeannerod, France director at Human Rights Watch told °®Âþµº: "France's statement about a supposed immunity applying to the Israeli Prime Minister is deeply shocking.

"The International Criminal Court’s Rome Statute clearly states that there is no immunity for individuals, regardless of rank, for the most serious crimes. France apparently did not have the same interpretation regarding President Putin, also subject of an ICC arrest warrant.

"This double standard approach by France seriously undermines its credibility on the global stage on international justice and the fight against impunity. In line with its obligations, France should do its utmost to execute arrest warrants by the ICC, regardless of the perpetrators, to ensure that all victims of atrocities have access to justice," he added.

Andrew Stroehlein, director of HRW, condemned France’s stance as "shocking nonsense".

"No one gets immunity from an ICC arrest warrant because they’re in office - neither Netanyahu, nor Putin, nor anyone," he added.

Hugh Lovatt, Senior Fellow at the European Council on Foreign Relations, echoed these concerns, mocking the French argument by suggesting that Russia’s President Putin might soon use the same reasoning to justify his own immunity.

"Maybe he can visit Paris now for a spot of Christmas shopping?" Lovatt said.

The ICC issued arrest warrants last week for Netanyahu and his former defence minister Yoav Gallant  over war crimes and crimes against humanity in Gaza.

A warrant was also issued for Hamas military chief Mohammed Al-Deif over his role in the October 7 2023 attack on Israel, even though Israel claims to have killed him.

'Rewarding Netanyahu' for the Lebanon ceasefire

Since the announcement, French officials have remained vague about whether they would arrest Netanyahu if he were to visit the country.

Former Human Rights Watch executive director Kenneth Roth told °®Âþµº: "France is misleading international law as it is alluding to an old court of justice. There is no immunity for arrest at the ICC and the court states that explicitly. 

"This represents a dangerous double standard because the logic that France is showing would have to apply to others. It seems that Israel is an exception. 

"This is Macron rewarding Netanyahu for agreeing to a ceasefire in south Lebanon. This is a dangerous precedent. If war crimes are forgiven for agreeing to a truce, more will take place."

Prime Minister Michel Barnier reiterated France’s commitment to respecting its international obligations, but the Foreign Ministry’s has insisted that Netanyahu is immune to arrest due to Israel’s non-membership in the ICC.

The French government also referenced the "historic friendship" between France and Israel, framing their ongoing cooperation as essential for regional peace.

"France intends to continue working closely with Prime Minister Netanyahu and Israeli authorities," the Foreign Ministry’s statement said.