DayofPal – Francesca Albanese, the United Nations Special Rapporteur on the occupied Palestinian territory, has sharply criticized Italy, France, and Greece for allowing Israeli Prime Minister Benjamin Netanyahu to fly through their airspace en route to the United States, despite an active arrest warrant issued by the International Criminal Court (ICC).
All three countries are signatories to the Rome Statute, the founding treaty of the ICC, which last year issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant on charges of war crimes and crimes against humanity committed during Israel’s war on Gaza.
“States that have signed the Rome Statute are obligated to arrest individuals wanted by the ICC when they enter their territory, including their airspace,” Albanese stated on Wednesday. “Italian, French, and Greek citizens deserve to know that every political action violating the international legal order weakens and endangers all of them. And all of us.”
The ICC obligations apply not only to landings but also to overflights. By permitting Netanyahu’s aircraft to pass over their territories, Albanese suggested that these governments may have failed in their legal duties. She demanded explanations from Rome, Paris, and Athens for what she called “safe passage” given to a man internationally wanted for atrocity crimes.
The remarks came in response to a post by human rights lawyer Craig Mokhiber, who accused the three governments of having “breached their legal obligations under the treaty [Rome Statute], declared their disdain for the victims of genocide, and demonstrated their contempt for the rule of law.”
Netanyahu’s visit to Washington, where he met with former U.S. President Donald Trump to discuss Gaza ceasefire negotiations and displacement plans, is part of a broader pattern of carefully orchestrated travel to avoid arrest risk. The United States is not a party to the ICC and thus is not bound by its arrest mandates.
Earlier this year, Netanyahu flew to Budapest to meet Hungary’s Prime Minister Viktor Orbán, just one day after Hungary withdrew from the Rome Statute. From there, he continued to the U.S., deliberately avoiding the airspace of Ireland, Iceland, and the Netherlands out of concern they might enforce the ICC warrant, according to Haaretz.
A similar evasion occurred in February when Netanyahu became the first foreign leader to visit Trump after his inauguration. His route was adjusted to bypass potentially risky countries and instead rely on U.S. military airspace.
Though ICC member states are technically required to comply with arrest warrants, enforcement has proven inconsistent. South Africa, for instance, did not detain Sudanese President Omar al-Bashir during a 2017 visit, despite an active warrant.
EU countries remain divided over the ICC’s actions. While some vowed last year to uphold their commitments, Italy has publicly questioned the legality of the warrant. France has argued Netanyahu enjoys immunity as a sitting head of state.
Still, Albanese emphasized that legal commitments are not optional. “There is no neutrality in the face of impunity,” she said. “There is law, or there is complicity.”
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