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Poland has made it clear that it will arrest Israeli Prime Minister Benjamin Netanyahu if he arrives in the country, citing its commitment to the International Criminal Court (ICC).
The statement came from Polish Deputy Foreign Minister Wladyslaw Bartoszewski in an interview with the Polish newspaper Rzeczpospolita, where he emphasized that Poland, as a signatory of the Rome Statute, is legally obligated to comply with ICC arrest warrants.
Bartoszewski’s comments come as Poland prepares for the 80th anniversary of the liberation of Auschwitz, set to take place on January 27, 2024.
Netanyahu and former Israeli defense minister Yoav Gallant were charged by the ICC in November for a series of alleged war crimes. As a member of the Rome Statute, which governs the ICC, Poland is required to execute arrest warrants issued by the court.
The potential arrest has sparked controversy, particularly as the Auschwitz anniversary is a significant state event, commemorating the liberation of the infamous Nazi concentration camp where over a million people were killed during the Holocaust.
Israeli officials have remained tight-lipped about Netanyahu’s participation in the event, with no confirmation on whether he would be allowed to attend.
It seems increasingly unlikely that Netanyahu will attend, with Israeli President Isaac Herzog’s participation also in doubt. Instead, Israel is reportedly sending Foreign Minister Gideon Sa’ar as the country’s sole representative at the commemoration.
Poland’s adherence to the ICC arrest warrants reflects a broader geopolitical context. According to sources cited by Rzeczpospolita, Poland has been insistent on enforcing the warrants due to its desire to see Russian President Vladimir Putin held accountable for alleged crimes in Ukraine.
The ICC issued an arrest warrant for Putin in 2022 for the kidnapping of Ukrainian children from Russian-occupied territories. This move is seen as part of Poland’s alignment with international justice, particularly in the ongoing conflict in Ukraine.
All 27 European Union member states are signatories of the Rome Statute and, as such, are legally obligated to comply with ICC arrest warrants.
While several countries initially declared their intention to arrest Netanyahu should he visit, some EU members have since walked back their commitments.
Hungary’s President Viktor Orban has stated that Netanyahu would not face arrest in Hungary and has even extended an invitation to the Israeli leader.
Other EU nations, however, remain firm in their stance to uphold the arrest warrants. Countries including Spain, the Netherlands, Belgium, Ireland, Lithuania, and Slovenia have confirmed they would arrest Netanyahu, even if diplomatic immunity is invoked.
This represents a significant diplomatic dilemma, particularly in light of Netanyahu’s role in ongoing peace efforts in the Middle East.
France initially announced its intention to fully comply with ICC mandates, but after negotiations surrounding a potential ceasefire in Lebanon, the French government reversed course.
France now states that Netanyahu would be afforded diplomatic immunity in the country, a position at odds with the commitments made by other EU nations.
The mounting tension surrounding the ICC charges against Netanyahu, the possibility of his arrest, and the complex web of international law is likely to be a significant point of discussion as Israel’s leadership prepares for the Auschwitz commemoration.
As the situation continues to evolve, the international community will be watching closely for any further developments in this high-stakes diplomatic standoff.