Personal Immunity & Territorial Jurisdiction on Trial: How does the International Criminal Court´s jurisdiction and the rules of head of state immunity influence the legal validity of the arrest warrant against Prime Minister Benjamin Netanyahu?

Sammanfattning

The issuance of the arrest warrant against Israel´s Prime Minister Benjamin Netanyahu has sparked a legal and political debate. The case has raised critical questions about the limits of the ICC´s jurisdiction and the applicability of head of state immunity. With debates over ICC´s jurisdiction, immunity and the enforcement of international justice still unfolding, the Netanyahu case exposes the challenges of holding powerful leaders accountable under international law. The stakes are high, and the outcome could have lasting implications for the credibility, authority and future effectiveness of the ICC. This thesis examines the legal validity of the International Criminal Court´s (ICC) arrest warrant against Israeli Prime Minister Benjamin Netanyahu by analyzing two central pillars of international criminal law: the ICC´s territorial jurisdiction and the applicability of personal immunity to sitting leaders of non-member states. Using a doctrinal, analytical and comparative methodology, the study investigates how article 12 of the Rome Statute interacts with unresolved issues of Palestinian statehood, the Oslo Accords, and principles of sovereignty and self-determination. The thesis further investigates how articles 27 and 98 of the Rome Statute interact and evaluates the ICC´s reasoning in relevant case law, including Al-Bashir, Gaddafi, Gbagbo and Putin to clarify how immunity has been interpreted in cases involving non-party states. The analysis demonstrates that the legal foundation of the arrest warrant remains contested, particularly due to uncertainties surrounding Palestine´s capacity to delegate jurisdiction and the tension between articles 27 and 98 concerning the immunities of serving officials. The thesis concludes that the warrant´s legal validity depends on balancing a purposive interpretation that promotes accountability with strict textual interpretation necessary to preserve the ICC´s legitimacy, credibility and effectiveness.