Without Fear or Favour: For an Effective International Criminal Court
Germany, like any other State Party to the Rome Statute, would thus be obliged under international law, and would be capable under German law, to arrest any person against whom the ICC has issued an arrest warrant, be it President Putin or, in future, perhaps one of the Hamas leaders, Defence Minister Gallant or Prime Minister Netanyahu. The opposing view not only misrepresents the current state of international law, but it also contradicts the Nuremberg legacy, which must be upheld particularly by Germany. Moreover, this view disregards the public statement by the German Federal Minister of Justice that President Putin would be arrested in Germany and surrendered to the ICC. If the same were not to apply in the case of an arrest warrant for an Israeli Prime Minister, Germany would be exposed to the accusation of applying double standards and acting à la tête du client, depending on how close its relationship was to the home State of the person wanted.