Israeli Prime Minister Benjamin Netanyahu is currently under an arrest warrant issued by the International Criminal Court (ICC). However, on Thursday night Belgian Prime Minister Bart De Wever (N-VA) said he would likely not be detained if he were on Belgian soil, sparking outrage from the Green opposition on Friday.
In November, ICC judges said there were "reasonable grounds" that Netanyahu bore "criminal responsibility" for alleged war crimes and crimes against humanity during the war between Israel and Hamas, according to the BBC.
Hungary began the legal procedure for withdrawal from the ICC in The Hague on Thursday, amid an official visit from Netanyahu. When asked about far-right Hungarian PM Viktor Orbán's refusal to arrest the Israeli leader on VRT's Terzake programme, De Wever expressed understanding for the decision. "And to be very honest, I think we would not do it either," he admitted.
"There is also realpolitik. I think no European Member State would arrest Netanyahu if he were on their territory," he added. The Flemish nationalist did, however, criticise Hungary's decision to withdraw from the ICC.
The Green opposition did not take these remarks lightly. With such statements, the Prime Minister places Belgium "outside the international order," they said.
'Blatant ignorance of international law'
MP for the Flemish Greens, Staf Aerts (Groen), stated that De Wever's comments marked a "massive shift in our foreign policy." He added that "apparently, we are placing ourselves among the countries that no longer respect international law."
Flemish liberals were also outraged. On X, their MP Kjell Vander Elst condemned what he called a "blatant ignorance of international law," arguing that it contradicts Foreign Affairs Minister Maxime Prévot's (Les Engagés) declaration of policy and his intention to ensure the smooth functioning of the ICC.
Former Prime Minister Alexander De Croo (Open VLD) confirmed last autumn that Belgium would execute the arrest warrant against Netanyahu if given the opportunity. This stance was reiterated on 26 February in the Chamber by Prévot. "I can confirm that, if necessary, our country would comply with the ICC arrest warrant against Netanyahu and former Defence Minister Gallant," he stated.
The organisation CNCD 11.11.11 also denounced De Wever's "unacceptable remarks" on Friday. "International law is not an à la carte menu. States parties to the International Criminal Court are all obliged to enforce arrest warrants issued by the Court," the organisation emphasised in a statement.
The Prime Minister's comments challenge "the separation of powers, which are essential to democracy," argued Nathalie Janne d'Othée, advocacy officer for the Middle East and North Africa at CNCD 11.11.11. "The government cannot instruct the judiciary not to act. Belgian judicial authorities are fully competent to execute ICC requests, particularly arrest warrants."
Legal complexities
Legal experts remain divided on the issue. According to Professor of International Law Steven Dewulf from the University of Antwerp, it is unclear whether ICC-issued warrants are applicable to leaders of countries that do not recognise the Court.
"It is not anticipated that arrest warrants for leaders of countries that are not parties to the treaty (on the ICC) will be executed straightforwardly," Dewulf commented Friday on VRT Radio.
Within the treaty (for signatory countries), immunities do not apply. But outside of it, they might, according to the jurist. "It is therefore somewhat more complex than simply executing the order," he added.
