Germany, one of the 124 members of the ICC, has rejected any comparison between Hamas and Israel after the International Criminal Court (ICC) sought a warrant against Israel Prime Minister Benjamin Netanyahu and the Palestinian militant group’s leaders on Monday.
According to Reuters, Germany has backed Israel in the ongoing war due to its historical significance with the Jewish community. Benjamin Netanyahu explained the attack as Israel was “waging a just war against Hamas, a genocidal terrorist organisation that perpetrated the worst attack on the Jewish people since the Holocaust,” BBC reported.
Near-unconditional support for Israel
If the warrant is issued, Germany, like other ICC members, would have a legal obligation to arrest Netanyahu if he were to enter the country.
“The accusations of the chief prosecutor are serious and must be substantiated,” a German government spokesperson stated on Tuesday.
The spokesperson emphasised that Germany trusts Israel’s democratic system and rule of law, highlighting its strong, independent judiciary. This trust would be considered by judges when deciding whether to issue the warrants.
Successive German governments have regarded near-unconditional support for Israel as a matter of “Staatsräson” or national interest, in light of Germany’s historical responsibility for the murder of millions of Jews during the Nazi Holocaust.
Germany’s rule of law
Germany’s reluctance in criticising Israel’s incursion into Gaza, following Hamas’ unprecedented attack in Israel on Oct. 7, is causing backlash, particularly among the Muslim community. The country stated that Israel has the “right to defend itself,” while reminding Israel of the need to adhere to human rights laws.
An arrest warrant for Israeli government officials could challenge Germany’s commitment to the rule of law against its national interest. “German ‘Staatsräson’ (national interest) is now being put to the test—no ifs or buts,” wrote Israeli Ambassador Ron Prosor on social media. He added, “The public statement that Israel has the right to self-defense loses credibility if our hands are tied as soon as we defend ourselves.”
(With Reuters input)