'Shocking nonsense': France claims Netanyahu immune to ICC arrest warrant

France has said it believed Israeli Prime Minister Benjamin Netanyahu had immunity to actions by the International Criminal Court which is seeking his arrest for alleged war crimes in Gaza, given Israel has not signed up to the court statutes.

France's view issued on Wednesday, a day after the announcement of a ceasefire between Israel and Lebanese armed group Hezbollah brokered by the US and France was condemned by rights groups. Other countries including Italy have also questioned the legality of the mandate.

A statement by the French Foreign Ministry said it would continue to work closely with Netanyahu.

Paris has taken almost a week to come up with a clear position, after the court in Hague issued arrest warrants on November 21 for Netanyahu and his former defence chief.

After initially saying it would adhere to the ICC statutes, France's foreign ministry fine-tuned that in a second statement on November 22 amid concerns that Israel could scupper efforts for a ceasefire in Lebanon, saying it noted that the court's decision merely formalised an accusation.

'No one gets immunity'

On Wednesday, the ministry pointed out that the Rome Statute that established the ICC provided that a country cannot be required to act in a manner incompatible with its obligations "concerning the immunities of States not party to the ICC".

"Such immunities apply to Prime Minister Netanyahu and other relevant ministers and will have to be taken into consideration should the ICC request their arrest and surrender."

The French ministry statement, referring to what it called the historic friendship between two countries committed to the rule of law, said France intended to continue to work closely with Netanyahu and other Israeli authorities "to achieve peace and security for all in the Middle East."

Rights groups suggested France had tempered its response to maintain a working relationship with Netanyahu and his government.

"Some shocking nonsense from France here. No one gets immunity from an ICC arrest warrant because they're in office - not Netanyahu, not Putin, no one," Andrew Stroehlein, European media director at Human Rights Watch said on X.

He pointed to article 27 of the Rome Statute on the 'irrelevance of official capacity.'

Amnesty called France's position "deeply problematic".

"Rather than inferring that ICC indictees may enjoy immunity, France should expressly confirm its acceptance of the unequivocal legal duty under the Rome Statute to carry out arrest warrants."