- Germany’s likely next chancellor, Friedrich Merz, vows to ensure Israeli PM Netanyahu can visit Germany without arrest, despite an ICC warrant for war crimes and genocide in Gaza.
- Merz’s pledge defies Germany’s obligations under the ICC’s Rome Statute, sparking criticism from human rights advocates and political opponents.
- The ICC accuses Netanyahu and former defense minister Yoav Gallant of war crimes, including blocking essential supplies to Gaza, exacerbating a humanitarian crisis.
- Merz’s stance highlights Germany’s historical responsibility to Israel but raises questions about its commitment to international justice.
- Critics warn that shielding Netanyahu undermines international law and Germany’s credibility as a champion of justice.
Germany’s likely next chancellor, Friedrich Merz, has vowed to ensure Israeli Prime Minister Benjamin Netanyahu can visit Germany without fear of arrest, despite an International Criminal Court (ICC) warrant accusing him of war crimes and genocide in Gaza.
Merz, whose conservative Christian Democratic Union (CDU) party won Germany’s national elections on Sunday, made the pledge in a defiant move that underscores Germany’s complex relationship with Israel and its commitment to international justice.
“In the event that he [Netanyahu] plans to visit Germany, I have promised myself that we will find a way to ensure that he can visit Germany and leave again without being arrested,” Merz said at a press conference on Monday. He called the idea of Netanyahu being barred from Germany “absurd,” adding, “He will be able to visit Germany.”
The ICC issued arrest warrants for Netanyahu and his former defense minister, Yoav Gallant, in November 2024, accusing them of intentionally depriving Gaza’s civilian population of food, water, and medical supplies during Israel’s ongoing war in the enclave. The court cited “reasonable grounds” to believe the Israeli leaders had committed war crimes and crimes against humanity, including genocide.
A defiant invitation
Netanyahu’s office confirmed that Merz had invited the Israeli leader to Germany “in overt defiance of the scandalous International Criminal Court decision to label the prime minister a war criminal.” The invitation highlights Merz’s staunch support for Israel, rooted in Germany’s historical responsibility for the Holocaust. However, it also raises questions about Germany’s commitment to international law, as the country is a signatory to the Rome Statute, the treaty that established the ICC.
Under the statute, member states are legally obligated to enforce ICC arrest warrants. Yet, Merz’s pledge signals a willingness to sidestep this obligation, a move that has drawn sharp criticism from human rights advocates and political opponents.
“If Vladimir Putin comes to Germany, then this arrest warrant must be implemented. The same applies to Netanyahu,” said Jan van Aken, co-leader of Germany’s Left party, referring to the ICC’s arrest warrant for the Russian president over alleged war crimes in Ukraine.
The ICC’s charges against Netanyahu stem from Israel’s military campaign in Gaza, which began in October 2023 after Hamas-led militants launched a deadly cross-border attack, killing 1,200 Israelis and taking more than 250 hostages. Israel’s retaliatory offensive has killed at least 48,000 Palestinians, according to Gaza health authorities, with thousands more missing under the rubble and presumed dead.
The ICC’s decision to issue arrest warrants for Netanyahu and Gallant marked a rare instance of the court targeting leaders of a U.S.-aligned nation. The court accused Israel of imposing a “total siege” on Gaza, blocking essential supplies and exacerbating a humanitarian catastrophe. Scientists estimate that indirect deaths from disease, malnutrition, and the destruction of hospitals could push the total death toll to 186,000 or more.
Germany’s dilemma
Germany has long been a strong supporter of both Israel and the ICC, creating a tension between its historical responsibility to the Jewish state and its commitment to international justice. Merz’s pledge to shield Netanyahu from arrest underscores this dilemma.
Critics argue that Merz’s stance undermines the credibility of international law. “The law operates on the basis of a presumption that people will obey it,” said international human rights lawyer Jonathan Kuttab. “Those who don’t respect the law are themselves violating the law.”
Friedrich Merz’s pledge to ensure Netanyahu’s safe visit to Germany reflects the enduring complexities of Germany’s relationship with Israel and its role in the international legal system. While Merz’s commitment to Israel is rooted may be historical responsibility, his defiance of the ICC and support for genocidal leaders risks eroding Germany’s standing as a champion of international justice.
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