The Polish government assured that the Israeli Prime Minister, Benjamin Netanyahu, would not be arrested if he decided to participate in the celebration of the 80th anniversary of the liberation of Auschwitz-Birkenau camp, despite the arrest warrant issued by the global Criminal Court (ICC).
President Andrzej Duda asked the government to guarantee that Netanyahu would not be detained if he decided to attend the anniversary celebrations. Prime Minister Donald Tusk's law firm published a resolution on Thursday in which the “safe participation of Israel's leaders in the celebrations” was assured. Tusk confirmed that, regardless of whether it is the Prime Minister, the president or the Minister of Education of Israel, any individual arriving at Auschwitz will have safety and will not be detained.
The ICC issued in November warrants for the arrest of Netanyahu, his erstwhile defence minister and Hamas leader Ibrahim Al-Masri, for war crimes and crimes against humanity during the 15-month war in the Gaza Strip. associate States of the ICC, specified as Poland, are obliged to detain persons with an arrest warrant if they appear in their territory, but the tribunal does not have mechanisms to enforce those decisions. Israel is not a associate of the ICC and questions its jurisdiction.
It is unclear whether Netanjahu plans to participate in this year's celebrations, although he participated in erstwhile anniversary in Auschwitz. The Polish Ministry of abroad Affairs has reported that it has not received information so far indicating its intention to participate in the ceremonies.
The global Criminal Court accused Netanyahu of war crimes related to Israel's actions in the Gaza Strip during a 15-month conflict that began in October 2023. According to the ICC, Israeli armed forces have committed activities that can be classified as attacks on civilians, demolition of civilian infrastructure and excessive force against Palestinian residents.
The Court stressed that these actions may constitute a violation of global humanitarian law, which prohibits the attack of civilians and imposes an work to defend civilians in the course of armed action. The ICC besides points to the work of Israeli leaders, including Prime Minister Netanyahu, for military and political decisions that led to the escalation of violence.
Why is ICC's decision important?
The decision of the global Criminal Court is crucial for respective reasons. Firstly, it sends a clear signal that even the most crucial political leaders are not above the law. global law applies to all, regardless of their position or nationality. The prosecution of Netanjah by the ICC proves that the global community is ready to hold those suspected of committing serious human rights violations responsible.
Secondly, the ICC's actions are aimed at preventing future war crimes. If the leaders of the states know that they can be charged and brought to justice for their actions, there is simply a better chance that they will avoid making decisions leading to violations of global law. In the context of the Israeli-Palestinian conflict, specified an approach can aid de-escalate force and advance dialog alternatively of military action.
Israel powerfully rejects the accusations and undermines the jurisdiction of the ICC, arguing that the Court has no right to interfere in the interior affairs of a state which is not a associate of it. However, it is worth noting that the ICC has the right to analyse crimes committed in the territory of countries which are parties to the Rome Statute and Palestine acceded to this treaty in 2015. This means that the Court has legal grounds to analyse Israeli activities in the Palestinian territories.
The civilian population in the Gaza Strip has been suffering for years from military action and the blockade imposed by Israel. Thousands lost their lives, and hundreds of thousands had to leave their homes. In the face of specified a tragedy, the global community has a work to act and to hold those who have contributed to the suffering of innocent people responsible.
Despite the crucial function played by the global Criminal Court, there are major challenges in enforcing its decisions. The ICC does not have its own armed forces or police, meaning that arrest warrants must be implemented by associate States.
