Dutch Prime Minister Dick Schoof on Friday suggested that there could be ways for Israeli Prime Minister Benjamin Netanyahu to visit the Netherlands without being arrested, despite an active arrest warrant from the International Criminal Court (ICC). This statement appeared to soften the position taken last week by Dutch Foreign Minister Caspar Veldkamp, who had emphasized that the Netherlands fully cooperates with the ICC, including acting on arrest warrants for individuals on Dutch soil.
Schoof, speaking at a news conference, clarified that while the Netherlands has obligations under the ICC treaty, there are scenarios where Netanyahu might visit without facing arrest. He did not go into detail about these potential scenarios but mentioned that the reason for Netanyahu’s visit could be a determining factor. Schoof suggested that Netanyahu could potentially visit the Netherlands to attend an international event or organization, such as the Organisation for the Prohibition of Chemical Weapons (OPCW), without triggering arrest procedures.
The Netherlands, home to the ICC, has been at the center of discussions following the ICC’s decision last week to issue arrest warrants for Netanyahu, former Israeli defense chief Yoav Gallant, and a Hamas leader, accusing them of war crimes and crimes against humanity related to the ongoing conflict in Gaza. This decision has sparked a broader debate about the role of international law, immunity, and the ICC’s jurisdiction, particularly since Israel is not a signatory to the court’s founding statutes.
While all European Union member states are signatories to the ICC’s founding treaty, other countries have weighed in with differing opinions. France has argued that Netanyahu may have immunity from ICC action due to Israel’s non-participation in the court, while Italy has stated that it is impractical to arrest him as long as he remains in office.
The situation follows Israel’s military offensive in Gaza, launched in response to a deadly Hamas attack on Israeli civilians in October 2023. Israel has firmly rejected the ICC’s accusations and announced its intention to appeal the arrest warrants for Netanyahu and Gallant. This ongoing legal and diplomatic conflict raises significant questions about the application of international law, particularly regarding political leaders and actions taken during wartime.
