Merz says Netanyahu will be able to visit Germany despite ICC warrant

Friedrich Merz, who is expected to become the next German Chancellor, has stated that he will ensure Israeli Prime Minister Benjamin Netanyahu can visit Germany, despite the International Criminal Court (ICC) issuing an arrest warrant for him. Merz's statement has drawn widespread international attention, once again focusing on Germany's balancing act between its international legal obligations and its special relationship with Israel.

The day after the conservative Christian Democratic Union (CDU) won the national election, Merz told reporters on Monday that he had informed Netanyahu in a congratulatory phone call that the two should meet after the formation of the new German government. Merz emphasized that he promised to find a way to ensure Netanyahu could visit Germany and leave without being arrested. He believes the idea that the Israeli Prime Minister cannot visit Germany is "utterly absurd."

Netanyahu's office previously issued a statement saying that Merz had invited the Israeli Prime Minister "for a formal visit to Germany, in blatant contempt of the scandalous decision by the International Criminal Court to label the Prime Minister as a war criminal." The International Criminal Court issued arrest warrants last November for Netanyahu and his former Defense Minister Yoav Gallant, as well as Hamas commander Mohammed Deif, accusing them of war crimes and crimes against humanity.

The International Criminal Court, headquartered in The Hague, Netherlands, responded to Merz's comments on Monday, stating that states have an obligation to execute its rulings. The court added that any concerns that states may have should be communicated to the court in a timely and effective manner. "States are not free to unilaterally decide on the soundness of the Court’s legal decisions." Germany is both a staunch ally of Israel and a strong supporter of the International Criminal Court.

As a member state of the International Criminal Court, Germany is obligated to detain suspects appearing on its territory who are subject to arrest warrants, but the International Criminal Court cannot enforce this. A German government spokesperson stated after the International Criminal Court's decision in November that Germany would "carefully examine" the arrest warrants for Netanyahu and Gallant, but would not take further action before a visit to the country. The spokesperson also emphasized the special relationship between Germany and Israel, as well as Germany's significant responsibility towards Israel.