Israeli Prime Minister Benjamin Netanyahu decided not to attend a ceremony marking the 80th anniversary of the liberation of the Auschwitz-Birkenau concentration camp in Poland out of fear of being arrested on a warrant from the International Criminal Court.
War Crimes Allegations Against Netanyahu
In November 2024, the International Criminal Court (ICC) issued arrest warrants for Benjamin Netanyahu and former Defense Minister Yoav Galant. Both figures are accused of committing war crimes and crimes against humanity in the Gaza Strip, including willfully depriving civilians of access to essential services and targeting civilians. Poland, as a party to the Rome Statute of the ICC, is bound by its decisions.
Polish Deputy Foreign Minister Wladyslaw Bartzewski confirmed that Netanyahu would be arrested in accordance with his international obligations if he arrived in the country. Netanyahu’s decision not to attend the event highlights the complexity of his international travel. Many countries that have signed the Rome Statute are required to detain him upon entry into their territory. Signatory countries are bound by the Statute in turn limiting Israeli official engagements and Israeli soft power.
Israel’s Stance on ICC Jurisdiction
Israel categorically rejects the ICC’s jurisdiction, arguing that the court has no authority over a country that is not a party to it. Israeli officials call the ICC’s actions politically motivated and claim that the ICC’s ruling undermines Israel’s right to self-defense.
The Symbolic Weight of Auschwitz Commemoration
Benjamin Netanyahu’s refusal to attend the ceremony has both legal and symbolic significance. Auschwitz-Birkenau is one of the most famous sites associated with the Holocaust, and the Israeli leader’s participation in such an event could highlight the importance of preserving the memory of the victims of Nazism. The site is a symbol of the tragedy that millions of Jews suffered, and Netanyahu’s participation could strengthen the international message about the importance of combating anti-Semitism and respecting human rights for Israeli Jews and the global diaspora.
However, the legal risks Netanyahu faces have proven to be more significant than the symbolic importance of his presence at the event. The International Criminal Court (ICC) issued arrest warrants for the Israeli prime minister and other senior Israeli officials on charges of war crimes committed in the Gaza Strip. Such arrest warrants for sitting heads of state and government are extremely rare, as they usually concern leaders accused of serious human rights violations.
In this context, Netanyahu’s refusal to travel to Poland is explained not only by personal and political considerations, but also by the international legal situation in which he finds himself. Netanyahu’s situation sets a precedent that could have far-reaching implications for future relations between states and international judicial bodies. This ICC decision could affect how other countries interact with international justice, especially in cases where the accused are heads of state. In the long term, it could lead to changes in diplomatic practices, especially in the context of how international courts view the immunity and inviolability of sitting leaders.
Divided Opinions in Israel: Supporters VS Critics
In Israel, reactions to the ICC ruling and Benjamin Netanyahu’s refusal to attend the Auschwitz liberation ceremony have been divided. Some support the prime minister, considering the charges politically motivated and unfounded. Officials argue that Israel’s actions in Gaza ensure Israeli national security while ICC rulings interfere in internal affairs. Others are concerned about the international implications for Israel. Critics believe that the charges could damage the country’s reputation by weakening its diplomatic position on the world stage, in particular, the relationship between Israel and the EU.
Balancing National Interests with Global Justice
The situation highlights the difficulty of balancing national interests with international law. Netanyahu’s decision to stay home, at a time of global significance, reflects the influence of legal and diplomatic factors on the actions of world leaders. ICC rulings show how modern geopolitical realities require a delicate balance between protecting sovereignty and upholding international obligations.
Netanyahu’s decision to avoid the commemoration in Poland demonstrates the influence of legal and diplomatic factors on the actions of world leaders. For those who say the ICC has no jurisdiction over internal matters, you are entitled to that view, but you are wrong to assume that the ICC has no influence in the twenty-first century.
