Azam Mohammadi – Human Rights Expert

The West is destroying international criminal law by failing to fulfill its obligations under the Rome Statute. A recent example is Germany’s invitation to Benjamin Netanyahu, the Prime Minister of the Zionist regime, despite the existence of an arrest warrant from the International Criminal Court (ICC), which will have serious consequences for Germany, the Court, and the international community.

West’s Double Standards and Violation of International Criminal Law

The West, especially countries such as Germany and the United States, have always presented themselves as supporters of international law and criminal justice. However, their behavior towards the Zionist regime shows their double standards. For example, while the International Criminal Court issued arrest warrants for Benjamin Netanyahu and Yoav Gallant, the regime’s former defense minister, in November 2023 on charges of committing war crimes and crimes against humanity in Gaza, Germany, as a party to the Rome Statute, has not only refused to execute the warrant but has also formally invited Netanyahu to the country. This action is not only a clear violation of Germany’s international obligations but also demonstrates a disregard for the principle of equality before the law.

According to Article 86 of the Rome Statute, member states are obliged to cooperate fully with the International Criminal Court. This cooperation includes executing arrest warrants and surrendering culprits to the Court. As a founding member of the Court, Germany is obliged to adhere to these obligations. However, inviting Netanyahu and publicly declaring that his arrest is not possible is a clear violation of Article 86 and other articles of the Rome Statute. This behavior not only calls into question the credibility of the Court but also shows disregard for the principle of the rule of law.

Consequences of Germany’s failure to execute the arrest warrant

Germany’s failure to execute the arrest warrant for Netanyahu has serious consequences for the country, the ICC, and the international community:

1. a) Consequences for Germany

Weakening of international credibility: As one of the main claimants to the observance and implementation of international law, Germany loses its credibility as a defender of criminal justice with this action.

International responsibility: Failure to execute the arrest warrant could lead to complaints being filed against Germany in international institutions.

Damage to relations with other countries: This action could undermine Germany’s relations with countries that want justice to be served for the crimes of the Zionist regime.

1. b) Consequences for the ICC

Weakening of the authority of the Court: If member states do not abide by their obligations, the authority and effectiveness of the Court will be severely weakened.

Creating a dangerous precedent: This action could lead to a dangerous precedent in which powerful states refuse to execute the Court’s judgments.

Reduced public trust: The international community’s trust in the Court as an impartial and independent institution will be reduced.

1. c) Implications for the international community

Undermining the rule of law: The failure to execute Netanyahu’s arrest warrant demonstrates the weakening of the rule of law in the international system.

Exacerbating injustice: This action will further injustice against the victims of war crimes and have severe psychological and social consequences for them.

Contributing to impunity: If Netanyahu remains immune from punishment due to the West’s support, it will send a message to other world leaders that they can escape justice with the support of great powers.

West’s Role in Undermining International Criminal Law

By providing political, military, and diplomatic support to the Zionist regime, the West has not only fueled violations of international law but has also attempted to prevent justice from being served for the regime’s crimes through political pressure. For example, the United States, which is not a party to the Rome Statute, has always supported the Zionist regime and has even pressured the International Criminal Court through force and sanctions to investigate the regime’s crimes. These behaviors reflect the West’s attempt to create a double system in international law in which some countries and leaders enjoy immunity.

The West’s application of double standards towards the Zionist regime not only undermines the foundations of the rule of law and international criminal law but also calls into question the credibility of institutions such as the International Criminal Court. Germany, as a party to the Rome Statute, bears a heavy responsibility for undermining international justice by inviting Netanyahu and failing to execute his arrest warrant. If the international community does not respond to these behaviors, we will witness the escalation of injustice and the further weakening of the rule of law at the global level. To maintain the credibility of international criminal law, member states must adhere to their obligations and refrain from applying double standards. Only then can we hope to achieve justice and lasting peace.