Poland’s decision to shield Israeli PM Netanyahu from an ICC arrest warrant during Auschwitz commemorations has sparked legal, political, and public outrage.
The former Polish president of the International Criminal Court (ICC) has slammed Warsaw’s decision to protect Israeli Premier Benjamin Netanyahu from the court’s arrest warrant should he decide to attend a commemoration of the liberation of the Auschwitz concentration camp later this month.
“I don’t know much about politics, but from a legal point of view, the matter is crystal clear. There’s an arrest warrant for the prime minister of Israel on suspicion of committing war crimes, and states are obliged to execute it, Piotr Hofmanski, told the Polish news outlet Onet, as cited by the Anadolu news agency.
“The Polish government’s decision is a purely political decision, the government is clearly ignoring its legal obligations,” he added.
‘Legal Obligation’
The ICC issued arrest warrants in November for Netanyahu and his former Defense Minister Yoav Gallant for war crimes and crimes against humanity in the besieged Gaza Strip. The order compels the ICC’s 124 member states to arrest them should they enter their territory.
“There is a legal and international obligation to fully cooperate with the ICC, and a state that does not fulfill this obligation puts itself in a very uncomfortable situation, and its international position becomes drastically limited,” Hofmanski argued.
Poland says it will allow Israeli officials, including PM Benjamin Netanyahu despite his ICC arrest warrant, to attend the 80th anniversary of Auschwitz's liberation.
States that have signed the Rome Statute – Poland among them – are legally obliged to execute ICC arrest… pic.twitter.com/SJEyRHNBLm
— TRT World (@trtworld) January 10, 2025
“These calls into question the very purpose of the ICC’s existence if states refuse to comply with its obligations,” he stressed.
‘Safe Participation’
Polish President Andrzej Duda asked the government this week to ensure that Netanyahu can take part in the 80th anniversary of the liberation of the Auschwitz concentration camp without fear of arrest over war crimes in Gaza, reported Anadolu.
On Thursday, the Polish Cabinet adopted a resolution ensuring Israeli officials’ safe participation in the ceremony to be held at the notorious Nazi concentration camp.
International Law is officially dead, by the West's own hand: The Polish PM declared he will ensure the International Criminal Court's arrest warrant for Netanyahu's arrest will be ignored when he visits Poland. Meanwhile US Congress imposed sanctions on ICC officials.
— Yanis Varoufakis (@yanisvaroufakis) January 10, 2025
“The Polish government treats the safe participation of the leaders of Israel in the commemorations on January 27, 2025, as part of paying tribute to the Jewish nation, millions of whose daughters and sons became victims of the Holocaust carried out by the Third Reich,” read a resolution issued by the office of the Polish Prime Minister Donald Tusk on Thursday.
‘Selective Application’ of Law
UN Special Rapporteur Margaret Satterthwaite said on Friday that “ICC members are obliged to arrest persons subject to an ICC warrant.”
“Poland, which condemned Mongolia for not arresting Pr. Putin, should arrest PM Netanyahu, if he visits. Selective application of the law erodes the universality of international justice and multilateralism,” Satterthwaite emphasized.
"ICC members are obliged to arrest persons subject to an #ICC warrant. Poland, which condemned Mongolia for not arresting Pr. Putin, should arrest PM Netanyahu, if he visits. Selective application of the law erodes the universality of international justice and multilateralism."… https://t.co/KcT7mWVPWv
— Francesca Albanese, UN Special Rapporteur oPt (@FranceskAlbs) January 10, 2025
Francesca Albanese, the UN Special Rapporteur on the occupied Palestinian territories, shared her post on X.
Polish Protesters Slam Decision
In Warsaw on Friday evening, hundreds of protesters demonstrated against the government’s decision to ignore the ICC arrest warrant against Netanyahu.
Waving Palestinian flags and chanting slogans such as ‘Free Palestine’ and ‘Arrest Netanyahu’, the protesters gathered in front of the presidential palace before marching to the justice ministry and the prime minister’s office, the independent Notes from Poland news website reported.
Protest przeciw polskiej ochronie dla Netanjahu idzie sprzed Kancelarii Prezydenta pod Ministerstwo Sprawiedliwości i Kancelarię Premiera. Jest kilkaset osób, skandują "aresztować Netanjahu". @OnetWiadomosci pic.twitter.com/UEpZyvQHVn
— Marcin Terlik (@MarcinTerlik) January 10, 2025
“As Poles, we are obliged to condemn war crimes. They must be punished regardless of the circumstances,” one participant reportedly told the news website Wirtualna Polska, cited by Notes from Poland.
“The anniversary of the liberation of Auschwitz reminds us that there can be no consent to genocide,” the protester added.
Ongoing Genocide
The ongoing Israeli assault on the Gaza Strip, which began on October 7, 2023, has led to a humanitarian crisis of unprecedented scale. As the death toll among besieged and starved Palestinian civilians continues to rise daily, Israel is currently facing charges of genocide against Palestinians before the International Court of Justice (ICJ).
📊 The death toll in Gaza may be 64,260—41% higher than official figures, says a Lancet study.
Nearly 3% of Gaza’s population has died, most of them women, children, & elderly. This excludes deaths from healthcare collapse or starvation.#GazaGenocide #HumanRights… pic.twitter.com/fcu8J3DMLa
— The Palestine Chronicle (@PalestineChron) January 10, 2025
According to Gaza’s Ministry of Health, at least 46,006 Palestinians have been killed, and 109,378 wounded in Israel’s ongoing genocide in Gaza starting on October 7, 2023. The toll is expected to rise further, with at least 11,000 people still unaccounted for, presumed dead under the rubble of their homes across Gaza.
The war, which Palestinians call “Operation Al-Aqsa Flood,” began after a military operation carried out by Hamas on Israeli territory. Israel reports that 1,139 of its soldiers and civilians were killed during the initial attack on October 7. However, Israeli media have raised concerns that a significant number of Israeli casualties were caused by ‘friendly fire’ during the assault.
Millions Displaced
Human rights organizations, both Palestinian and international, have reported that the overwhelming majority of the casualties in Gaza are women and children. The ongoing violence has also exacerbated an acute famine, with thousands of children among the dead, highlighting the severity of the humanitarian disaster.
The war has displaced nearly two million people from their homes across Gaza, with the majority of the displaced forced into the already overcrowded southern region of the Strip. The population in Gaza remains trapped in the ongoing conflict, with little access to basic necessities such as food, water, and medical care.
(PC, Anadolu)
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