In theory, Netanyahu and Gallant cannot now step foot in Europe without fear of arrest. But Hungarian Prime Minister, Viktor Orbán, ever at odds with the EU, has offered Netanyahu safe passage.
The reaction of governments to the decision of the International Criminal Court to issue arrest warrants has once again highlighted how divided Europe is over Israel.
On Thursday, the International Criminal Court issued arrest warrants for Israel’s Prime Minister Benjamin Netanyahu, the former minister of defence, Yoav Gallant, and Hamas commander, Mohammed Deif.
Ireland’s Taoiseach Simon Harris, called it “an extremely significant step”.
Whilst he was careful to remain diplomatic, he was clear in his condemnation of Israel’s war in Gaza and Lebanon.
“The [Irish] government has long expressed its profound concern about the conduct of the war in Gaza and has stated clearly its belief that the rules of international law and international humanitarian law have not been upheld,” he said in a statement.
At the other end of the European spectrum is the Czech Republic, one of Israel’s biggest supporters – Foreign Minister Jan Lipavský clearly seething at the warrants.
“Putting a terrorist and someone defending their country against them on the same level doesn’t seem right to me. It also undermines the credibility of the court,” he wrote on social media.
The ICC accuses Israel’s leaders of crimes against humanity and of causing starvation.
The UN says the conflict has caused “horrific human suffering”. It estimates more than 45,000 people have been killed since the 7 October attacks on Israel, including around 43,000 Palestinians and at least 1,200 Israelis.
Hamas commander, Mohammed Deif, is accused of war crimes, including murder, torture and rape. According to the Israel Defense Forces, he is dead.
Germany, walking on eggshells, has tried to find a middle road, today claiming to be both ”one of the ICC’s biggest supporters” whilst at the same time reaching out to Israel.
“A consequence of German history is that we have unique relations and a great responsibility with Israel,” said Chancellor Scholz’ spokesman, Steffen Hebestreit, in a reference to the Second World War and the Holocaust.
The EU’s foreign affairs chief said that in reality all EU member states are compelled to abide by the ICC decision.
“It is not a political decision, Josep Borrell said, holding his palms up, “it is a decision of a court, of a court of justice.
“This decision is a binding decision on all states. All state parties of the court, which includes all members of the European Union, are binding to implement this court decision.”
In theory, Netanyahu and Gallant cannot now step foot in Europe without fear of arrest.
But Hungarian Prime Minister, Viktor Orbán, ever at odds with the EU, has offered Netanyahu safe passage.
“The ICC arrest warrant against Prime Minister Netanyahu is brazen, cynical and completely unacceptable. I [have] invited Prime Minister Netanyahu for an official visit to Hungary, where we will guarantee his freedom and safety.”
The human rights lawyer and former UN war crime judge, Geoffrey Robertson KC, told Channel 4 News that any member of the ICC would face expulsion if they harboured Netanyahu or Gallant.
The court does not have the power to try in absentia. “They need to put him in the dock… Netanyahu may stay away,” he said.
It’s the second time this week that European countries have publicly argued over Israel. On Monday, Borrell forced foreign ministers to discuss whether Israel’s actions could be construed as breaking the human rights clause in the EU’s trade deal with Israel.
For months, Spain and Ireland have been pushing for the EU to use the terms of the trade agreement to hold Israel to account.
But putting it on the agenda of the foreign ministers’ meeting in Brussels infuriated many of them.
One diplomat said it was an “ill-prepared” plan and a move made to “make a statement” in Borrell’s final days in the job. He steps down at the end of this month.
The EU is Israel’s biggest trade partner, a relationship worth billions. But the EU would need unanimous support from its member states to suspend any aspect of the agreement.
The ongoing division has weakened the EU’s response to Israel’s war in Gaza and Lebanon.
EU leaders have repeatedly called for Israel, whilst having a right to defend itself, to respect international humanitarian law.