this post was submitted on 22 Nov 2024
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That is not what they said. They have questioned the jurisdiction of the ICC, explivtly saying that they didnt make any comment towards acknowledging it since the ruling in 2021.
There is also no procedural problem that would have to be solved. If he is on German soil police arrests him and he gets extradited to the Netherlands. There is well established procedures in regards to international arrest warrents for normal criminals. It is a farce.
Saying they are among the greatest supporter of the court doesnt mean shit, if they cannot directly say that they will uphold a specific ruling.
And the specific ruling is extraordinarily clear. If Netanyahu, Gallant or Deif (if he is still alive) are within German jurisdictiom they have to be arrested and handed over to the ICC.
There is no hypotheticals or ambiguity. Saying there is any and denying to explicitly state upholding this ruling by executing the warrants is denial of it.
And it is a very strong oppositiom to the court, contrary to what the spokespeople claim.
Yes because to comment on it they would first have to examine it. Which they didn't do yet because if they did then the journalists would've asked about the results and waffling would have become harder.
That's not how Germany works. Germany ratified the ICC treaty, and the government is bound by law. There's no legal wiggle room, it is literally not up to the government whether Netanyahu gets arrested should he set foot on German soil, it's a decision of the courts, which will follow the law.
The government spokespeople made it abundantly, repeatedly, clear, that Germany sticks to the ICC treaty and the rule of law. The rest they don't want to talk about because it's a) hypothetical, Netanyahu won't visit Germany and b) a diplomatic headache.
It is not a matter of a German court to do the arrest. It is a matter of the Police, which is part of the executive branch and hence under the government.
First off, most police in Germany isn't federal. Secondly, guess who decides on matters of arrest and extradition. It isn't the police, or executive in general.
I mean they can play games with e.g. the federal prosecutor (a political civil servant) not wanting to prosecute which will then invariably lead to someone opening a case against him for obstruction of punishment (being a political appointee doesn't mean you don't need to follow law) which if nothing else will lead to a court deciding on the merits of Netanyahu's arrest but that's all a clown show. It won't happen because the foreign service will tell the Israelis, in no unclear terms, that Netanyahu is well-advised to not step foot on German soil.
You seriously think Bibi would gamble getting extradited to the ICC over a political play? For what fucking ends. Even if what you allege is true and the government would do everything in its power to prevent that, for which it really has no reason (nor political backing from the people) the ambiguity of the situation will keep him from risking it.