The statement by CDU chief Friedrich Merz, that Israeli Prime Minister Netanyahu can visit Germany without consequences, has sparked intense criticism. The Hague Court ruled that it is not the responsibility of member states to unilaterally judge the decisions of the court. The court pointed out that, as a signatory to the Rome Statute, Germany is obligated to recognize and implement the court’s decisions, along with the 27 other EU member states. Israel, along with the US, does not recognize the court.
Netanyahu had congratulated Merz on his election victory on Sunday and his office stated that Merz had accepted the invitation, despite the “scandalous decision of the International Criminal Court, which has designated the prime minister as a war criminal.”
SPD foreign policy official Nils Schmid told Reuters that the independence of the ICC is crucial and that Germany respects the court’s procedures and decisions, without exception.
Schmid suggested an alternative and referred to Israel’s ability, as a democratic state with an independent judiciary, to clarify the allegations of possible international law violations on its own.
The Left Party, however, described Merz’s invitation as a “catastrophe” and accused the CDU chief of double standards. Germany, the party said, had always insisted that international arrest warrants must be executed and the same should apply to Putin and Netanyahu.
“If Vladimir Putin comes to Germany, then this arrest warrant must be executed. The same applies to Netanyahu” said Left Party co-leader Jan van Aken.
In November 2024, the ICC issued arrest warrants for Netanyahu and his former defense minister, Yoav Galant, charging them with war crimes, crimes against humanity and murder, among other offenses, for their alleged involvement in the ongoing Israeli war against Gaza, which began after the Hamas attacks on October 7, 2023.
All 124 signatory states of the Rome Statute, including Germany, are now obligated to arrest and hand over the two Israeli leaders to the court.