Poland has confirmed that Israeli Prime Minister Benjamin Netanyahu will attend the 80th anniversary of the liberation of the Auschwitz concentration camp, despite an arrest warrant issued against him by the International Criminal Court (ICC). Polish Prime Minister Donald Tusk announced that his government would provide Netanyahu with security during his visit.

Polish Prime Minister Tusk addressed the situation, saying, "Yesterday afternoon, the President [of Poland Andrzej Duda] asked me to ensure the safe stay of Prime Minister Netanyahu in Poland in connection with the decision of the International Criminal Court. We have been working for several days on such a decision, which, on the one hand, will guarantee a safe stay for all guests interested in participating in the annual events in Auschwitz. This, of course, applies in particular to representatives of the State of Israel."

In November 2024, the ICC issued arrest warrants  for Netanyahu and his former Security Minister Yoav Gallant over war crimes in Gaza and crimes against humanity.

"Israel" attempted to challenge the ICC's decision by submitting a direct appeal to the Court’s Appeals Chamber, contesting the Pre-Trial Chamber I’s rejection of "Israel’s" jurisdictional challenge under Article 19(2) of the Rome Statute.

However, ICC Prosecutor Karim Khan clarified that the decision does not constitute a ruling "with respect to jurisdiction" and, as such, is not subject to direct appeal under Article 82(1)(a) of the Statute.

"The Decision is not a decision ‘with respect to jurisdiction,’ and it is therefore not directly appealable under article 82(1)(a) of the Statute," Khan stated.

Enforcement doubts

Despite the warrant being issued, several countries have expressed reluctance to enforce the ICC's decision.

France has suggested that Netanyahu may enjoy immunity from the ICC's arrest warrants due to his status as a sitting head of government. This position indicates a reluctance to detain him should he enter French territory.

Greece has also questioned the effectiveness of the ICC's arrest warrants for Israeli leaders, expressing skepticism about their enforceability.  

In response to reports that some countries may be reluctant to enforce these warrants, the ICC has reiterated the legal obligations of its member states.

The court stressed that, under the Rome Statute, all 124 member countries are required to execute arrest warrants issued by the ICC.

Read more: UK granted immunity to Israeli General amid war crimes allegations