Germany is about to be in a real pickle—to put it mildly

In November 2024, the ICC issued an arrest warrant for Netanyahu. The new chancellor of Germany, Merz, wants to invite him to Germany. He, obviously, doesn’t plan to arrest him, which is a breach of the Rome Statute, to which Germany subscribes. Even our president, Steinmeier, has urged him not to put Germany in this position—a no-win situation.

Merz is undermining the ICC. Publicly stating he wants to find a way to invite Netanyahu without detaining him is, to put it mildly, problematic. Alternatively, Merz might be in for a surprise when German authorities arrest his guest upon arrival; We are not a dictatorship, after all, and Merz doesn’t have the power to tell authorities to break the law.

Merz is risking the relationship with Israel by risking Netanyahu’s arrest on German soil, or he’s risking Germany’s diplomatic legitimacy by not executing an ICC arrest warrant. Either Germany is the country that arrests Netanyahu or the country that doesn't arrest him. Both options would be a disaster. If Merz insists on inviting Netanyahu, he acts against the interest of the country he’s the chancellor of.