Germany mata wit di ICC verdict wey dem give against Israel Prime Minister Benjamin Netanyahu and im former Defence Minister Yoav Gallant fit bring new wahala for di international body. Dis one fit make people begin question Germany commitment to di Rome Statute, wey dem don sign.

Andrea Maria Pelliconi, wey be Assistant Professor for University of Southampton, wey sabi Human Rights Law, tok say, “Since di Court dey operate based on multilateral treaty, di best way to handle dis kind mata na to allow di state parties decide. Dis approach go make di process legit, especially for cases wey people no dey comply.”

Pelliconi dey refer to di Assembly of States Parties (ASP), wey na di body wey dey oversee and make law for di 124 countries wey don ratify or join di Rome Statute. Na dis treaty lead to di establishment of di ICC for 2002.

When ICC carry mata go meet ASP, na because dem dey look for di collective input or intervention of di state parties. Dis kind referral dey happen when di Court face wahala wey e no fit solve alone, like when states no wan cooperate, enforcement wahala, or di system dey block di Court work.

“Di Assembly of States Parties fit decide to take action, but I no believe say to talk make dem comot Germany from di Rome Statute go make sense or work well,” Pelliconi tok give TRT World.

Germany government don always support Israel well well. Chancellor Olaf Scholz dey always tok say Germany get special responsibility to protect Israel because of wetin happen during di Nazi time. But dis kain responsibility don make Germany foreign policy dey always support Israel, even when dem do bad thing wey break international law.

Last week, Germany still pledge say dem go continue to support Israel, even as ICC don issue arrest warrant for Netanyahu and Gallant because of wetin dem do for Gaza war. When dem ask Germany government spokesperson, Steffen Hebestreit, for Berlin whether dem go still support Israel, e tok say, “Our stance towards Israel no change.”

Germany even resume arms supply to Tel Aviv last month, even as di kain support wey dem dey give Israel dey make dem dey isolated for di international level. Di spokesperson still add say, even though Germany dey support ICC, dem never decide whether dem go enforce di arrest warrant if Netanyahu or Gallant enter Germany.

Pelliconi no believe say Germany go outrightly refuse to comply with di ICC arrest warrant, but she tok say di way dem go handle am fit dey more careful. “I no think say we suppose see wetin Germany politicians dey tok as outright rejection of di arrest warrant. Di statements dey carefully crafted, and e dey show political caution.”

She still explain say Germany sabi di legal obligations wey dem get under di Rome Statute. “Even though di statements fit dey frustrating, di main thing be say dem never rule out di possibility to enforce di warrants. Di message to Netanyahu and Gallant clear: if dem enter Germany, dem fit face arrest.”

If Germany no gree follow ICC obligations, e go show say dem dey undermine di rule of law and fit face serious sanctions. Under Article 86 of di Rome Statute, all States Parties must cooperate fully with di Court, including to arrest people wey get warrant.

If Germany no arrest Netanyahu, e go mean say dem no dey comply with di treaty obligations, and e go weaken di ICC authority. Pelliconi tok say if Germany officially reject di ICC ruling, e go violate di Rome Statute and fit make ICC condemn dem for non-compliance, like wetin happen with Mongolia wey no arrest Russian President Vladimir Putin.

Di ICC reaction to Mongolia non-compliance na to carry di mata go ASP, wey reaffirm di legal duties of member states. Even though ASP no fit enforce arrest, dem fit use political pressure and formal condemnation to make sure states comply.

Pelliconi tok say, “If di goal na to secure cooperation, involving di Assembly fit put more political pressure to encourage compliance.”

Di way Germany dey support Netanyahu government dey send bad message to Palestinians: say their suffering no matter pass Germany historical guilt. Critics dey argue say dis kain support dey show selective application of Germany historical lessons. Instead make dem show commitment to justice, dem dey undermine am.

Pelliconi tok say, “Germany no suppose break law because dem dey fear say people go call dem antisemitic. Instead, because of their history, dem get moral obligation to uphold international law and justice.”

She still add say, “To criticise Israeli government no mean say person dey antisemitic. Plenty Jews and Israelis dey against di bad things wey dey happen for Gaza and other places.”

Theodore Meron, wey survive Holocaust and na former Israeli diplomat, play big role to advise di ICC Prosecutor on di arrest warrants. Pelliconi conclude say, “Di Jewish people and Israeli politicians wey dem accuse of war crimes no be di same. To talk say dem be di same na wetin go really be antisemitic.”