De Wever says most European countries would not arrest the Israeli prime minister (Eric Lalmand/Belga Mag/AFP via Getty Images)
Belgian Prime Minister Bart De Wever has said that Israeli Prime Minister Benjamin Netanyahu would not be arrested if he visited Belgium, despite an active arrest warrant issued by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity in Gaza.
De Wever’s remarks, made in an interview with Belgium’s VRT News, directly contradict Belgium’s legal obligations as a signatory to the Rome Statute, which requires member states to arrest and surrender individuals indicted by the ICC.
“There is such a thing as realpolitik,” De Wever said. “Within the framework of realpolitik, practical considerations prevail over ethical considerations. I don’t think there is a single European country that would arrest Netanyahu if he went there. France, for example, wouldn’t — and I don’t think we would either.”
His comments came as Netanyahu made his first visit to Europe since the ICC warrant was issued in November.
He is currently in Hungary, where Prime Minister Viktor Orban announced that Hungary would withdraw from the ICC during Netanyahu’s state visit — a move widely seen as a rejection of international accountability.
The ICC has also issued an arrest warrant for former Israeli Defence Minister Yoav Gallant. Both men are accused of war crimes and crimes against humanity during Israel’s military campaign in Gaza, where over 50,000 Palestinians — mostly civilians — have been killed since 7 October 2023.
According to the Rome Statute, ICC member states like Belgium are legally obliged to arrest and surrender wanted individuals upon entering their territory. De Wever’s statement has triggered backlash from opposition parties, who argue his stance undermines the rule of law.
The Flemish green party Groen condemned the prime minister’s remarks, saying he had placed Belgium “outside the rule of international law”.
De Wever’s comments highlight growing tension between international legal commitments and political expediency. Critics warn that failure by ICC members to act on arrest warrants – particularly against powerful figures – erodes the credibility of the court and sets a dangerous precedent for global justice.
The United States, which is not a party to the ICC, has openly opposed the court’s actions, going so far as to sanction ICC prosecutor Karim Khan following the issuance of the warrants.
Meanwhile, Israel has resumed its offensive on Gaza after a brief ceasefire in January. The truce saw dozens of Israeli captives exchanged for thousands of Palestinian prisoners, but talks over a second phase collapsed, with Hamas accusing Israel of failing to uphold its commitments.
On Saturday, the Israeli army said it had established a new security corridor in southern Gaza, effectively cutting off Rafah from the rest of the enclave. The latest military operations have forced the displacement of tens of thousands of Palestinians, amid ongoing warnings from humanitarian agencies about worsening conditions on the ground.
