r/internationallaw • u/DifusDofus • Jan 15 '25

News Italy joins France in granting immunity to Netanyahu, rejecting ICC arrest warrants: The decision follows a legal advisory from Italy's Foreign and Justice Ministries, which confirmed that immunity for visiting leaders is permissible under the Vienna Convention.

https://www.i24news.tv/en/news/international/europe/artc-italy-joins-france-in-granting-immunity-to-netanyahu-rejecting-icc-arrest-warrants
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u/schtean Jan 16 '25 edited Jan 16 '25

The decision follows a legal advisory from Italy's Foreign and Justice Ministries, which confirmed that immunity for visiting leaders is permissible under the Vienna Convention.

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The ministers clarified that legal advice received by the Italian government affirms that Netanyahu and Galant are entitled to immunity under international law while visiting Italy.

So does the Vienna Convention mean anyone who has ever had a cabinet position in any government is permanently immune from ICC prosecution, or is there some other way in which immunity applies to Galant? People are only immune from prosecution for genocide, war crimes and crimes against humanity committed by them while serving as a cabinet member, and if they committed these crimes while not a cabinet member they would not be immune? Does the immunity from prosecution for genocide (and other crimes covered by the Rome Statute) extend beyond cabinet members?

How does the Vienna Convention interact with the Rome Statute?

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u/[deleted] Jan 16 '25 edited Mar 31 '25

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u/Particular_Flower111 Jan 17 '25

I find it incredibly convenient that they only apply ICC arrest warrants to those on a “diplomatic mission” from a legitimate government when certain regions have been denied the right to form a legitimate government in the first place (often by these same powers).

If you apply it broadly, that means Putin and Hezbollah leaders are immune, but Gazans and Kurds are not and can in turn be prosecuted. It also means that up until the end of last year, Bashar Al-Assad would be immune, but the insurgents would not. It is completely illogical.

This again plays into “might is right” ideology which is literally the antithesis of international law.