Would Netanyahu be arrested in Germany?

The German minority government made up of the Social Democratic Party (SPD) and the Greens would definitely have preferred to avoid the issue, even if officials should have seen it coming a long time ago: The International Criminal Court in The Hague issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant. The court said it had found sufficient evidence that both were complicit in crimes against humanity and war crimes as part of Israel's ongoing offensive in Gaza. The military campaign began after Gaza-based group Hamas' October 7, 2023, attack on Israel. An arrest warrant was also issued for Hamas military leader Mohammed Deif with the same charges, even though Israel says it killed Deif in July.

Germany is regarded as one of the biggest supporters of the International Criminal Court in The Hague, which began its activities in July 2002 and is supported by 124 states. However, it does not include globally important states such as the US or Russia.

What is important in the current case is that the court has no means of enforcing the arrest warrants itself. Member states — including Germany — are formally obliged to take wanted persons into custody should they cross their borders.

But there is also Germany's historic responsibility towards Israel. This is why Germany's reactions to the decision in The Hague have been mixed. Speaking on ARD television from the climate conference in Baku, Foreign Minister Annalena Baerbock (Greens) was the first to react. "We abide by the law at the national, European, and international level," she said. "And that is why we are now examining exactly what this means for us in terms of its international application."

A short time later, the German government followed this up with a press release stating: "The German government has acknowledged the decision of the International Criminal Court (ICC) to request arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant."

As in Baerbock's statement, the word "examination" appears here, too, which is what the government now plans to carry out. And it goes on to say: "Further action will be taken only once Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant are expected to visit Germany."