Germany respects ICC independence amid concerns over equivalency

Germany states on Monday that it “respects the independence and procedures” of the International Criminal Court (ICC) while noting some concerns.

Highlighting that the ICC’s pre-trial chamber must decide on the chief prosecutor’s applications for arrest warrants, the German Foreign Ministry notes that “the court will have to answer a number of difficult questions, including the question of its jurisdiction and the complementarity of investigations between constitutional states affected, such as Israel.”

“The simultaneous application for arrest warrants against Hamas leaders on the one hand and two Israeli officials (Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant) on the other has created the incorrect impression of equivalency,” it adds.

Germany remains one of the strongest supporters of Israel’s military offensive in Gaza despite growing public pressure. Chancellor Olaf Scholz has repeatedly stated that Germany bears special responsibility for Israel because of its Nazi history.

Berlin has been accused of complicity in genocide by many prominent figures, including politicians, academics, and rights groups.

Nicaragua filed a case against Germany at the International Court of Justice (ICJ) in March, alleging complicity in the genocide against Palestinians in Gaza by providing political and military support to Israel. Nicaragua asked the court to order Germany to take urgent measures to stop supplying arms to Israel and to restore funding to the U.N. Relief and Works Agency for Palestine Refugees (UNRWA).

However, in April, the ICJ dismissed the case while expressing concern over the dire living conditions in Gaza.

On Monday, ICC Prosecutor Karim Khan announced that he has sufficient evidence to hold Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant accountable for war crimes and crimes against humanity committed in the Gaza Strip since October.

Additionally, arrest warrants were sought for three Hamas leaders – Ismail Haniyeh, Yahya Sinwar, and Mohammed Deif – for similar charges in both Israel and Gaza since October 7, 2023.

Despite a UN Security Council resolution demanding an immediate ceasefire in Gaza, Israel has persisted with its offensive, resulting in the deaths of over 35,500 Palestinians, mostly women and children, and injuring over 79,600 since last October, following a cross-border attack by Hamas.