Ban of entry for Netanyahu? Joschka Fischer is like Merz against it

It is a tricky question for the presumably future Chancellor Friedrich Merz: Should he receive Israeli Prime Minister Benjamin Netanyahu despite international arrest warrants in Germany?

The election winner and CDU leader had explained a month ago in a conversation with the “Jewish General”: “Under my leadership, the Israeli Prime Minister will be able to travel to Germany undisturbed.” He will find means and ways to enable this. “As a CDU, we never leave any doubt about the close connection to Israel.”

Now Merz gets prominent support from an unexpected place for this attitude. Former Foreign Minister and Greens politician Joschka Fischer finds the idea that Netanyahu can be denied an entry to Germany or pursue it criminal under a state visit. “Do you think he could be arrested?” He said when asked by the question of star, What he thinks of Merz ‘statement. “Yes, we weaken the International Criminal Court. But should Germany tell the Israeli prime minister that you must not exceed the German border? The idea alone is absurd.”

Last November, the International Criminal Court in Den Haag had issued both Netanyahu and the then Defense Minister Yoav Gallant and the Hamas leader Mohammed Diab Ibrahim Al Masri (also called Mohammed Deif). All three are accused of having committed war crimes and crimes against humanity. Deif is said to have been killed in an Israeli attack; There is no official confirmation of his death.

The old federal government had reacted to the announcement of the arrest warrants. In a written declaration, government spokesman Steffen Hebestreit confirmed the independence of the Court and then announced: “We will carefully examine the domestic steps.” However, this would only be the case “when a stay of Prime Minister Benjamin Netanyahu and the former Defense Minister Joaw is gallant in Germany”.

Unlike Chancellor Olaf Scholz, whom the news of the arrest warrant only suffered towards the end of his term, the future federal government cannot afford to postpone the problem in such a way. Because sooner or later the question of a state visit by Netanyahu will be in the room. The Israeli government increased the pressure by announcing after a phone call between Netanyahu and Merz after his election victory that Merz had promised an official invitation “as an open challenge against the scandalous decision of the International Criminal Court to describe the prime minister as a war criminal”. So it said from Netanyahu’s office. From the environment of Merz, on the other hand, only the phone call was confirmed, but nothing was communicated about its content.

People’s lawyers, on the other hand, see the attitude of Friedrich Merz critically. Christoph Safferling, professor of criminal law and international law at the Friedrich Alexander University in Erlangen, told the star: “As a Member State, Germany is obliged to arrest Netanyahu.” Exercises such as that of Merz are a “disaster” for the International Criminal Court and for a rule -based international law. If the arrest warrant is not enforced, this would mean a “massive loss of authority” for the International Criminal Court.

“I don’t see any way how Merz could legally influence the judiciary to prevent arrest,” says Safferling. Rather, one had to work to ensure that Israel and his government do everything possible to clarify the allegations against Netanyahu and the ex-defense minister. “The International Criminal Court has been created to proceed against everyone – possibly also against friends.”

It is therefore not “absurd” to implement international arrest warrants, but the “logical consequence”, since there is a suspicion that international crimes were committed. If Germany does not cooperate, the future of the institution is at stake. “Mr. Merz has to ask himself: Why do I pay several million for the International Criminal Court every year if I don’t believe that what the Court is doing is correct and constitutional,” said Safferling. Merz should also ask himself: “Do I really do Mr. Netanyahu if I reveal the legacy of the Nuremberg processes?”

The International Criminal Court was founded in 2002. He is only responsible for the most difficult crimes such as genocide, war crimes and crimes against humanity and only if they are not punished by national courts. Germany was one of the greatest supporters in the establishment of a “World Court”. And could soon be among the countries that undermine its authority the most.