Friedrich Merz, the expected next chancellor of Germany, has sparked significant debate by asserting his intention to allow Israeli Prime Minister Benjamin Netanyahu to visit Germany despite an arrest warrant issued by the International Criminal Court (ICC). Speaking to reporters a day after his conservative Christian Democratic Union (CDU) party won the national elections, Merz made it clear that he had already discussed this plan with Netanyahu during a congratulatory phone call. He promised that if Netanyahu wishes to visit Germany, he would ensure the Israeli leader can enter and leave the country without facing arrest. Merz described the idea of Netanyahu being unable to visit Germany as “absurd” and emphasized that the Israeli prime minister would indeed be able to make the trip. His statement reflects a clear stance on the matter, signaling that Germany, under his leadership, would prioritize its relationship with Israel over its obligations to the ICC.
The ICC, based in The Hague, issued arrest warrants in November for Netanyahu, his former defense minister Yoav Gallant, and Hamas commander Mohammed Deif on charges of war crimes and crimes against humanity. The warrants stem from the ongoing conflict between Israel and Hamas, particularly the violence that erupted in October 2023. According to the ICC, there are “reasonable grounds” to believe that Netanyahu and Gallant deliberately deprived civilians in Gaza of essential resources such as food, water, medicine, and electricity. Israel has categorically denied these allegations, arguing that its actions were taken in self-defense against Hamas’s attacks. Netanyahu’s office has framed Merz’s invitation as a direct challenge to the ICC’s decision, calling it a “scandalous” move to label the Israeli leader a war criminal.
The situation highlights a complex web of international law, politics, and diplomacy. As a member state of the ICC, Germany is legally obligated to enforce the court’s arrest warrants. International human rights lawyer Jonathan Kuttab explains that the ICC operates under the presumption that its member states will respect and enforce its decisions. “The law operates on the basis of a presumption that people will obey it,” Kuttab said, emphasizing that failure to do so constitutes a violation of the law itself. The ICC has reiterated that states cannot unilaterally decide which decisions to uphold, stating, “It is not for states to unilaterally determine the soundness of the court’s legal decisions.”
Despite these obligations, Germany has historically maintained a unique and deeply rooted relationship with Israel, shaped by its historical responsibility to the Jewish state. A German government spokesperson acknowledged this special bond, stating that Germany’s support for Israel is a result of its history, particularly the atrocities committed during the Holocaust. At the same time, Germany was a key player in the establishment of the ICC and remains one of its strongest backers. This dual allegiance creates a delicate balance for the country, as it seeks to honor its commitments to international justice while maintaining its steadfast alliance with Israel.
The conflict has also had devastating human consequences. Over 48,000 Palestinians have been killed in the past 15 months of war, according to Gaza’s Ministry of Health, with thousands more reported missing and presumed dead. Human rights groups and international law experts have accused Israel of indiscriminate bombing and war crimes, particularly in the Gaza Strip, which has been largely destroyed in the fighting. These allegations have been met with fierce denial by Israel, which insists that its actions are justified as self-defense against Hamas’s aggression. The ICC’s decision to issue arrest warrants has further polarized the situation, with Israel and its allies, including Germany, facing criticism for their stance on the court’s authority.
Merz’s stance on Netanyahu’s visit reflects a broader challenge to the ICC’s authority and raises questions about the balance between national sovereignty, international law, and diplomatic alliances. As Germany prepares for a new government under Merz’s leadership, the world will be watching to see how the country navigates this complex and contentious issue. The situation underscores the ongoing tensions between justice, politics, and human rights on the global stage, and the consequences of Merz’s decision will likely resonate far beyond Germany and Israel.
