Netanyahu invited to Germany in 'overt defiance' of ICC warrant, says Israel

According to the Israeli Prime Minister's Office, the future German Chancellor has invited Benjamin Netanyahu to visit Germany, a move that appears to be a blatant disregard for the International Criminal Court (ICC) arrest warrant. Netanyahu's office stated that he had a "warm conversation" with Friedrich Merz, leader of the Christian Democratic Union (CDU), after the party won the most votes in Sunday's German elections, signaling a potential shift in German-Israeli relations.

The Prime Minister's Office stated, "Chancellor-designate Merz thanked the Prime Minister for the conversation and said that he would invite the Prime Minister for a formal visit to Germany, in blatant disregard of the outrageous decision of the International Criminal Court to mark the Prime Minister as a war criminal." Merz confirmed on Monday that he had invited Netanyahu to visit Germany, emphasizing the importance of the relationship. He stated at a press conference, "I think the idea that the Israeli Prime Minister cannot visit the Federal Republic of Germany is completely absurd," further highlighting his commitment to the invitation.

Merz added that he had told the Israeli leader by phone that "we will find ways and means for him to visit Germany and leave without being arrested." Last November, the International Criminal Court issued arrest warrants for Netanyahu and his former Defense Minister Yoav Gallant. The two are accused of committing "war crimes of starvation of civilians as a method of warfare, and crimes against humanity of murder, persecution and other inhumane acts" in Israel's ongoing war on Gaza, which began after the October 7, 2023, attack led by Hamas.

All 124 member states of the Rome Statute, the treaty that established the International Criminal Court, are now obligated to arrest the two Israeli leaders and hand them over to the court. Germany is one of the signatories. Gallant and Netanyahu have both avoided traveling to Europe, or stopping in Europe en route to the United States, as the US is not a signatory to the Rome Statute. The International Criminal Court has no enforcement powers of its own, and relies on the cooperation of member states to arrest and transfer suspects, making the situation complex.

The outgoing German government, led by the Social Democratic Party (SPD), initially suggested it might comply with the arrest warrants, with Foreign Minister Annalena Baerbock stating: "The German government abides by the law, because nobody is above the law." However, a government spokesman later said they found it "hard to imagine" that Germany would detain the Israeli Prime Minister on its territory. Israeli Foreign Minister Gideon Sa'ar also congratulated Merz, saying: "I am deeply convinced that, as a friend of Israel, you will strengthen and deepen the relations between the German and Israeli peoples."

Merz has already stated that he will continue to allow the unrestricted sale of German weapons to Israel, sales that had previously been blocked due to concerns that the weapons could be used against civilian targets and in violation of international humanitarian law. In October 2023, when asked if Germany should offer asylum to Palestinians from Gaza, Merz said: "We already have enough young anti-Semitic men in our country." The Christian Democratic Union won 28.5% of the vote, while the far-right Alternative for Germany (AfD) party achieved its best-ever result, coming in second with 20.8% of the vote. The Christian Democratic Union is expected to form a coalition with the outgoing Social Democratic Party, which received 16.4% of the vote.