The European Commission has said it supported the International Criminal Court’s (ICC) arrest warrant for Israeli Prime Minister Benjamin Netanyahu ahead of his possible visit to Poland.
The statement came after Warsaw had earlier approved a resolution allowing Netanyahu to enter the country later in January without arrest over alleged war crimes against Gaza, in defiance of the ICC’s active warrant.
Anouar El Anouni, the European Commission spokesperson, said on January 10: “The European Union supports the International Criminal Court and the principles set out in the Rome Statute.
“The EU respects the court’s independence and impartiality.
“The EU is strongly committed to international criminal justice and the fight against impunity. And as said in the Council conclusions in 2023, ‘the Council calls upon all [EU] states to ensure full cooperation with the court, including by the prompt execution of outstanding arrest warrants and to enter into voluntary agreements,” El Anouni added.
“It is not for the Commission to enforce the ICC warrant, all EU member states are parties to the Rome Statute, and thus must comply with the general obligation to cooperate with the ICC,” he said.
According to him, it was unclear which Israeli official might participate in the commemoration at the time.
Netanyahu may visit Poland on January 27, to commemorate the liberation of the Auschwitz-Birkenau concentration camp. That would be despite the ICC having issued arrest warrants for the PM and and his former defence minister, Yoav Gallant.
Polish Prime Minister Donald Tusk announced a few days ago his government would not arrest Netanyahu, sparking protests in Poland.
Tusk’s comments came despite the fact that, in principle, Poland as an ICC member state and signatory of the Rome Statute, has to hold suspects with arrest warrants if they enter the country.
On January 10, thousands took to the streets in Poland and marched in front of the Presidential Palace in Warsaw in opposition to granting the immunity.
They accused the government of applying double standards and said it should respect all resolutions of the ICC.
The protesters shouted slogans such as “Arrest Netanyahu” and “Free Palestine,” while holding banners condemning war crimes and calling for justice.
“As Poles, we are obliged to condemn war crimes. They must be punished regardless of the circumstances,” one participant told news website Wirtualna Polska.
“The anniversary of the liberation of Auschwitz reminds us that there can be no consent to genocide.”
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
Tusk stated that Poland would not detain any Israeli representatives visiting for the Auschwitz anniversary, framing this decision as a tribute to the Jewish victims of the Holocaust
In the resolution granting the Israeli PM access, the Polish administration said: “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.”
The Conservative opposition PiS in Poland also supported that stance. Earlier, President Andrzej Duda had asked Tusk to “guarantee” safe passage for Netanyahu.
Human rights organisations have said that Poland’s decision undermined the international justice system and could provide impunity for individuals accused of war crimes.
Polish prosecutors have requested that Interpol issue a “Red Notice” for the arrest of opposition Conservative (PiS) MP and former deputy justice minister Marcin Romanowski. https://t.co/5HIBeUNmPb
— Brussels Signal (@brusselssignal) December 19, 2024
