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The Israeli Prime Minister is now under scrutiny by the International Criminal Court (ICC). Since yesterday, Benjamin Netanyahu has been the subject of an international arrest warrant issued by the ICC, accusing him of «war crimes and crimes against humanity».
The 124 countries that have ratified the ICC Statute are obligated to arrest Netanyahu should he set foot on their territory. This raises the question of whether Morocco, which established diplomatic relations with Israel on December 10, 2020, would be affected by this arrest warrant if the Israeli Prime Minister were to visit.
Netanyahu had been invited to Morocco by King Mohammed VI, with a visit initially planned for December 2023. However, the events of October 7, 2023, led to the postponement of these plans.
Netanyahu in Morocco would not be a first
Despite the international arrest warrant, the Israeli Prime Minister could potentially travel to Morocco without fear of arrest by Moroccan authorities. He would likely be shielded by the «principle of sovereignty», which has thus far prevented Morocco from ratifying the Rome Statute that established the ICC.
Morocco was among the first UN member states to sign the agreement in September 2000, under the government of the late Abderrahmane El Youssoufi. However, Rabat has since resisted calls for ratification, including the «Rabat Appeal» of October 2004, initiated by human rights organizations such as AMDH, OMDH, and FIDH (International Federation for Human Rights).
In 2007, then-Foreign Minister Mohamed Benaissa firmly rejected the prospect of Morocco joining the ICC, citing concerns over sovereignty. «The Court can in no way undermine Morocco’s sovereignty. The provisions of the ICC treaty are in opposition to Moroccan legal and constitutional frameworks», he told Parliament, referencing the status of the King and the right of pardon.
While Morocco’s 2011 Constitution criminalized genocide, crimes against humanity, and war crimes, the country has still refrained from joining the ICC.
In this context, a visit by Benjamin Netanyahu to Morocco would not be unprecedented. The kingdom previously hosted former Sudanese President Omar El Bashir, who was also subject to an ICC arrest warrant.
El Bashir attended COP22 in Marrakech in November 2016 and met former Foreign Minister Salaheddine Mezouar and Saudi King Salman during the latter’s vacation in Tangier that same year.
