Subject: Request for publication of the arrest warrant issued on November 21, 2024 against Mr. Benjamin Netanyahu (ICC-01/18)
Mr. Prosecutor,
I am writing to you in my capacity as president of the association JURDI – Jurists for the respect of international law, a non-profit organization committed to the promotion and defense of international criminal law, international humanitarian law and fundamental rights.
Our association, mindful of the effectiveness of the cooperation obligations arising from the Rome Statute, wishes to express its concern regarding the lack of official publication of the arrest warrants issued on November 21, 2024 against Mr. Benjamin Netanyahu and Mr. Yoav Gallant, in the context of the situation in Palestine (case ICC-01/18).
Despite the public communication of the decision, we note that neither the arrest warrants nor the text of the decision ordering the issuance of the arrest warrants appear on the Court's website, contrary to the practice observed in other cases (Beina, Said, Al-Bashir and others) and that no arrest request appears to have been communicated to all the States of the European Union.
This absence raises concrete difficulties, illustrated in particular by the statement made by the French Ministry for Europe and Foreign Affairs on November 27, 2024, following the announcement of the arrest warrants and prior to any event, that the execution of said warrants would not be carried out should these Israeli leaders appear on French territory. Such a position contravenes France's obligation to cooperate with the Court.
This French position unfortunately materialized in the agreement given to the overflights of French airspace by the 4X-ISR aircraft carrying Mr. Netanyahu, on February 2, April 6 and 9, 2025, without any initiative from the French authorities to enforce Articles 86 and 89 of the Statute.
The Court's established case law affirms that the publication of a warrant on the official website constitutes collective notification to the States Parties, thereby engaging their obligation to arrest. However, in the absence of full publication and explicit requests, some States may contest their obligation to cooperate by claiming they lack complete legal information.
In line with other precedents where the ICC widely disseminated arrest warrants (Omar al-Bashir, Sudan or Joseph Kony, Uganda) to facilitate arrest, we request the full (or, failing that, redacted) publication of the arrest warrant in question, through the Registry of the Court, and your most active cooperation possible to ensure that requests for the arrest of Mr. Benjamin Netanyahu and other persons targeted in this case are communicated to States Parties, including the European Union.
This publication would allow:
• to guarantee essential transparency on the legal basis of the mandate; • to strengthen the accountability of national authorities; • to promote the mobilization of civil society; • and to prevent States Parties from invoking the lack of sufficient information to evade their commitments.
We naturally remain at your disposal for any further information you may need.
Please accept, Mr. Prosecutor, the expression of our highest consideration.
Patrick ZAHND President of JURDI.
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