French Foreign Minister Jean-Noel Barrot said on Wednesday that certain leaders could have immunity under the Rome Statute, the treaty establishing the International Criminal Court (ICC).
Barrot highlighted that the Rome Statute “deals with questions of immunity for certain leaders,” adding that such matters ultimately rest with judicial authorities.
Meanwhile, France's Foreign Ministry in a statement emphasized the country's dedication to honoring international commitments under the Rome Statute, stating: "France will respect its international obligations, understanding that the Rome Statute requires full cooperation with the International Criminal Court (ICC)."
The statement also pointed out that "a state cannot be required to act in a manner inconsistent with its obligations under international law regarding the immunities of states that are not parties to the ICC."
Asked by Anadolu in an interview whether this claim has any legal validity, Francesca Albanese said: "No, because it's been already resolved by the court in the case of Omar al-Bashir in the past, and no one (argued)."
Al-Bashir is a Sudanese former military officer and former head of state who was indicted by the ICC in 2009 and 2010 for war crimes and crimes against humanity against civilians in Darfur.
"The argument of the state immunity cannot be made. The court has already said it," Albanese said.
She underlined that hindering the enforcement of an ICC arrest warrant could be considered a violation of Article 70 of the Rome Statute.
"I want to point to the fact that obstructing the execution of an ICC arrest warrant could be seen as a breach of Article 70, an obstruction to the administration of justice, which is an offense, a criminal offense in itself," she said.
She also described France's contradictory approaches toward the warrant against Netanyahu and the one issued against Russia's President Vladimir Putin back in March 2023 - a non-party state - as "double standards."
Last week, the ICC issued arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity in Gaza.
Israel also faces a genocide case at the International Court of Justice for its deadly war on Gaza.