Last Monday, shortly after his election victory, the President of the Christian Democratic Union CDU, Friedrich Mertz, appeared to reporters at the party’s headquarters in Berlin with a raised mood. Mertz is likely to become the new Federal Chancellor, with a partner of Social Democratic SPD. The 69 -year -old then received a lot of congratulations on Sunday night and during the night, as he said.

One of the first to congratulate him was Israeli Prime Minister Benjamin Netanyahu. Friedrich Mertz said Netanyahu phoned him and followed a long conversation. Mertz then said a phrase that has since caused a major upheaval in German politics.

If Netanyahu plans a visit to Germany “… I also promised him that we would find ways and means to visit Germany and leave again without being arrested in Germany”. And Mertz continued: “I think the idea is completely absurd that an Israeli prime minister cannot visit the Federal Republic of Germany.”

The arrest warrants must be applied

Representatives of the other parties represented in Bundestag were outraged. In November last year, the International Criminal Court of Hague in the Netherlands issued a arrest warrant for Netanyahu and former Israeli Defense Minister Joav Galad.

The accusation against both was that there were sufficient reasons to be considered to be involved in crimes against humanity and war crimes during the war in the Gaza Strip. The Hague had also issued arrest warrant for the military leader of the Palestinian terrorist organization Hamas, Mohammed Daif, who was later killed in an Israeli air raid.

For the SPD, which is preparing for a coalition with the CDU/ CSU parties led by Mertz, foreign policy expert Nils Smith said about the International Criminal Court: “We respect its proceedings and the decisions of its bodies. This is true without any exception. “

However, Smind told the Reuters news agency that smart diplomacy demands the government to “find the right ways and means to maintain close relations with the Israeli government in the future”. In other words, meetings with Netanyahu should be done elsewhere and not in Germany.

Germany one of the 125 signs

Germany is one of the largest supporters of the International Criminal Court or briefly ID, which began its operations in July 2002 and has 125 Member States. However, worldwide important states, such as the US or Russia, are not among them. Not even Israel.

Important in this case: The court is not able to execute the arrest warrants itself. However, its member states – including Germany – are officially obliged to arrest the wanted if they are on their territory. So, if Netanyahu came to Germany, he would have to be arrested. Mertz left open what “ways and means” could exist to avoid such arrest.

Israeli government: ‘Scandalous Decision’

Netanyahu used a conversation with Mertz once again to clarify his opinion on the situation. The Israeli government said Mertz’s invitation was “in open contempt for the international criminal court’s discipline to categorize the prime minister as a war criminal”.

In recent months, the German government, which continues to perform its duties, has tried to bypass the sensitive issue. Following the announcement of arrest warrants in November, government spokesman Stephen Hebenstrait, for example, openly referred to the German dilemma: “On the one hand, there is the importance of the international criminal court, which we are very supported. On the other hand, there is historical responsibility. I could be tempted to say that I find it difficult to imagine that we will make arrests in Germany on this basis. “

The government under Overf Saltz was clearly pleased that a Netanyahu’s visit to Germany has not been scheduled for recent months. The Israeli prime minister last visited Berlin for political talks in March 2023, six months before Hamas’ murderous attack on Israel on October 7.

As with about ten other countries, Germany is holding the so -called common government consultations with Israel, that is, meetings between the entire cabinets of both sides. This aims to highlight the particular bilateral relationships. The first such meeting was held in Jerusalem in 2008 under the then Chancellor Angela Merkel (CDU) and the last in October 2018.

Jurisdiction of justice

In his blog, well -known international law expert Kai Abos from the University of Gowingen explains that the government has no room for maneuver if Netanyahu comes to Germany. The German justice and the German authorities are obliged to arrest and issue a person wanted by a warrant, for example. This is a matter of justice and not politics.

Abos continued: “If the Israeli Prime Minister Netanyahu was actually visiting Germany, it would not only cause a – completely unnecessary – conflict with the ICC, but would also call into question the domestic distinction of powers. This is because in order to prevent Netanyahu’s arrest, executive power – both at federal and state level – would have to intervene in the process of arrest and transport and therefore the independence of justice. “

Orban called Netanyahu flagrantly

Did Mertz perhaps say his phrase lightly in the joy of his electoral success? Even during the pre -election campaign, Mertz had repeatedly stressed that the leader of the Israeli government would not be arrested in Germany if he were a chancellor.

A similar statement was made by Hungary Prime Minister Victor Orban, who invited Netanyahu to Budapest after the issuance of the arrest warrant last November.

Curated by: Costas Argyros