CC Warrants Are Binding, EU Cannot Pick and Choose, Says Borrell

European Union governments cannot selectively choose which arrest warrants issued by the International Criminal Court (ICC) to enforce, EU foreign policy chief Josep Borrell stated on Saturday. His comments followed the ICC’s announcement of arrest warrants against Israeli Prime Minister Benjamin Netanyahu, former defence minister Yoav Gallant, and Hamas leader Ibrahim Al-Masri, for alleged crimes against humanity.

The warrants, issued on Thursday, accuse the three individuals of involvement in crimes during the ongoing Israel-Palestine conflict. All EU member states are signatories to the Rome Statute, the treaty that established the ICC and are obligated to adhere to its rulings.

Borrell emphasized that EU member states must fulfil their commitments under the statute, with no exceptions. “The states that signed the Rome convention are obliged to implement the decision of the court. It’s not optional,” Borrell said during a visit to Cyprus for a workshop with Israeli and Palestinian peace activists.

He also pointed out that EU candidate countries are expected to meet these obligations, suggesting it would be inconsistent for existing EU members not to do so.

Several EU nations have expressed their commitment to upholding the ICC’s decisions, though Hungarian Prime Minister Viktor Orban has controversially invited Netanyahu to visit Hungary, assuring him of no risk of arrest.

In response to criticism of the ICC warrants, Borrell addressed accusations from Israel that the court’s decision was antisemitic, noting that criticisms of Israeli government policies should not be equated with antisemitism. “I have the right to criticize the decisions of the Israeli government, be it Mr. Netanyahu or someone else, without being accused of antisemitism. This is not acceptable,” he said.

The ICC issued the warrants after finding reasonable grounds to believe that Netanyahu and Gallant were criminally responsible for actions such as murder, persecution, and using starvation as a weapon of war in Gaza, part of what the court deemed a “widespread and systematic attack against the civilian population.”