Poland threatens to arrest Netanyahu at Auschwitz

Warsaw has to comply with the International Criminal Court’s decisions, the deputy foreign minister has said

Israeli Prime Minister Benjamin Netanyahu would be arrested if he attends next month’s ceremonies marking the 80th anniversary of the liberation of Auschwitz in Poland, the EU country’s deputy foreign minister, Wladyslaw Bartoszewski, told newspaper Rzeczpospolita on Friday.

Warsaw's top diplomat stated that Poland, as a signatory of the Rome Statute, is obligated to comply with the directives of the International Criminal Court (ICC). In November, ICC issued warrants for the arrests of Netanyahu and former Israeli defense minister Yoav Gallant, citing alleged war crimes related to the ongoing conflict in Gaza.

The court accused Netanyahu and Gallant of using starvation as a method of warfare, alleging they deliberately deprived civilians in Gaza of food, water, and medicine. There was “no obvious military necessity” for such actions, which amount to violations of international law, according to prosecutors.

Israel’s Education Minister Yoav Kisch is expected to be the only government representative at the Auschwitz commemoration, Jerusalem Post reports. The participation of President Isaac Herzog “seems unlikely.”

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While all 27 European Union member states are parties to the Rome Statute and thus required to enforce ICC arrest warrants, responses to the court’s decision have varied. Hungarian Prime Minister Viktor Orban has openly invited Netanyahu to visit, assuring him that Hungary would not enforce the arrest warrant.

Conversely, countries like Spain, the Netherlands, Belgium, Ireland, Lithuania, and Slovenia have indicated their intent to comply with the ICC’s directives, regardless of diplomatic immunity.

France initially expressed its intention to adhere to the arrest warrant but later cited diplomatic immunity protections for Netanyahu.

The ICC’s actions have elicited strong reactions from Israeli officials. Prime Minister Netanyahu has likened the arrest warrants to a “modern-day Dreyfus affair,” asserting that they are politically motivated.

Auschwitz was a Nazi concentration and extermination camp in occupied Poland during World War II. Over 1.1 million Jews were murdered there, alongside tens of thousands of others, including Poles and Soviet prisoners of war.