Malta is in “close contact” with EU member states to come up with a common response to an international arrest warrant issued against Israeli Prime Minister Benjamin Netanyahu, a government spokesperson said on Friday.

The International Criminal Court on Thursday issued arrest warrants for the Israeli Prime Minister, former Israeli Defence Minister Yoav Gallant and Hamas' military chief Mohammed Deif.

The Hague-based court issued the warrants "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024."

Asked for a reaction, a foreign affairs ministry spokesperson said Malta respects the ICC’s mandate and “unique role in all their respects.”

“We note that it has issued arrest warrants in connection with 7 October and what has occurred since,” they said.

“At this time, we are in close contact with our EU partners to determine a common response to this development,” the spokesperson said.

The ministry spokesperson said Malta is committed to supporting the independence and impartiality of the ICC.

They said Malta is committed “to the primary goals of releasing all hostages and achieving a ceasefire in Gaza and Lebanon, as we demonstrated earlier this week by supporting the resolution proposed at the UN Security Council.”

Malta is a member of the ICC, having ratified the Rome Statute which established it back in 2002. 

The ICC investigates and tries individuals charged with the most serious crimes in international law: genocide, war crimes, crimes against humanity and the crime of aggression. 

Israel is not a member of the ICC and says the court has no jurisdiction over its citizens.  

EU leaders have been divided on the issue

While Malta is hoping for common EU position, member states appear divided on the ICC decision to push for the arrest of Netanyahu. 

Hungarian Prime Minister Viktor Orban said the move was "outrageously brazen and cynical" and accused the ICC of trying to intervene in an ongoing conflict for political purposes. 

He said he intended to invite Netanyahu to Hungary, as a show of support.

But other EU member states have backed the ICC action. 

Irish Prime Minister Simon Harris said Netanyahu would be detained if he arrived in Ireland. So too did Italian Defence Minister Guido Crosetto, who however added that he believed the ICC was "wrong" to put Netanyahu on the same level as Hamas. 

Dutch Foreign Affairs Minister Caspar Veldkamp told his country's national parliament that the Netherlands would detain Netanyahu and would also not engage in any "non-essential contacts" with the Israeli leader. 

France said it had “taken note” of the arrest warrants, and Germany's Foreign Minister said the country is "examining" how to respond to the International Criminal Court's decision.

The EU’s outgoing foreign policy chief Josep Borrell, who has been very critical of Israel and its actions in Gaza, said he did not see the ICC move as political.

"It is a decision of a court, of a court of justice, of an international court of justice. And the decision of the court has to be respected and implemented," he said.

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