HRW criticizes Poland for allowing Netanyahu visit amid ICC warrant
While Auschwitz museum officials have stated there is no indication Netanyahu plans to attend, the decision has nonetheless provoked protests in Warsaw and criticism from the self-governing body of Polish lawyers.
Human Rights Watch on Wednesday criticized Poland's decision to adopt a resolution permitting high-ranking Israeli officials, potentially including Prime Minister Benjamin Netanyahu, to participate in the Auschwitz liberation anniversary on January 27. Netanyahu is currently subject to an International Criminal Court (ICC) arrest warrant for war crimes in Gaza and crimes against humanity.
This development has drawn sharp backlash from civil society and legal experts in Poland. The resolution also raises questions about Prime Minister Donald Tusk's recent pledge to uphold the rule of law as Poland assumes the presidency of the Council of the European Union.
While Auschwitz museum officials have stated there is no indication Netanyahu plans to attend, the decision has nonetheless provoked protests in Warsaw and criticism from the self-governing body of Polish lawyers.
❗️Poland’s Supreme Bar Council – the self-governing body of Polish lawyers – issued a resolution strongly criticising the government’s announcement of immunity for Netanyahu from the ICC arrest warrant if he attends a Holocaust commemoration event. Notable quotes👇 https://t.co/BYOtaumkF3
— Martin Konečný (@MartinKonecny) January 13, 2025
Poland's stance undermines its commitment to international justice as an ICC member, according to HRW. The organization noted that crimes against humanity and genocide in Gaza have been extensively documented.
'Selective' Accountability
Allowing an ICC fugitive on Polish soil without arrest would contradict the principles of accountability that Poland has championed in other cases, such as its condemnation of Mongolia for hosting Russian President Vladimir Putin.
It is important to note, however, that the arrest warrant issued against Putin, while legally binding under ICC statutes, has been criticized by some as reflective of broader European political biases against Russia. Critics argue that such actions, though grounded in international law, may be perceived as selective enforcement, potentially undermining the ICC’s credibility in pursuing justice impartially.
Read more: Kremlin spokesperson slams ICC as a 'puppet in Western hands'
Poland's decision echoes a similar stance taken by Hungary's Prime Minister Viktor Orban, who declared last year that his country would ignore the ICC warrant for Netanyahu. Hungary faced widespread criticism for this position, including from the European Commission.
Human Rights Watch urged Poland to reverse its course and publicly affirm its commitment to the ICC's mandate. "No one is above the law," the organization stressed, calling for Poland to demonstrate leadership during its EU presidency by prioritizing justice for victims of war crimes over political considerations.