A recent resolution will allow top Israeli officials to attend events in Poland commemorating Auschwitz's liberation. This could include welcoming Israeli PM Benjamin Netanyahu, who is wanted by the ICC for crimes against humanity.
This statement was originally published on hrw.org on 15 January 2025.
On January 9, 2025, the Polish government adopted a resolution that enables senior Israeli officials to participate in events commemorating the Auschwitz concentration camp’s liberation on January 27. This could include welcoming Israeli Prime Minister Benjamin Netanyahu, who is wanted by the International Criminal Court (ICC) for atrocities in Gaza, and contradicts Poland’s legal obligation as an ICC member to comply with all ICC arrest warrants.
The move followed discussion in the government on the ICC arrest warrant for Netanyahu and comes despite Prime Minister Donald Tusk’s recent pledge to restore the rule of law in Poland and as the country takes the helm of the Council of the European Union. While the director of the Auschwitz museum, where the ceremonies will be held, said there is no indication Netanyahu plans to attend, the resolution sends an alarming message.
Public protests erupted in Warsaw after the government indicated it is prepared to flout its obligations. The self-governing body of Polish lawyers and civil society also criticized the government’s decision. Human Rights Watch has documented crimes against humanity and acts of genocide committed by Israeli authorities in Gaza.
Poland’s position also exposes double standards. When another ICC fugitive, Russian President Vladimir Putin, travelled to Mongolia (also an ICC member) recently without arrest, Poland rightly said the visit undermined the international justice system. And international justice is not an à la carte menu that can be selectively enforced. By undercutting the ICC’s Palestine investigation, Poland also damages the pursuit of justice for crimes in Ukraine and across the court’s docket.
Polish nationals occupy key positions within the ICC’s governing body, the Assembly of States Parties. The duties of which include, ironically, mobilizing ICC members to respond to non-cooperation with the court. Prominent Polish judge Piotr Hofmański, a former president of the court who is subject to a Russian arrest warrant for his ICC work, strongly condemned Poland for indicating it would allow ICC fugitive Netanyahu on its territory without arrest.
In November, Hungarian Prime Minister Viktor Orban declared he would disregard the ICC warrant for Netanyahu, also contravening Hungary’s obligations as an ICC member. The statement was criticized by the European Commission and others.
Rather than follow in Orban’s footsteps, Poland should make clear that no one is above the law. This responsibility is even greater during Poland’s EU presidency, when other governments look to it for principled leadership.
Poland should reverse course and publicly affirm that anyone wanted by the ICC, including Netanyahu, will face arrest should they enter Polish territory. At this critical juncture for the ICC, it is paramount that countries stand with victims rather than wanted war criminals.
