Poland says it will not arrest Netanyahu for ICC should he attend Auschwitz memorial
Polish government promises free and safe participation for Israelis after PM’s aide says no plans to attend events marking 80 years since liberation, citing war crimes warrant
The Polish government said Thursday it will ensure that Israel’s highest representatives can participate freely and safely in the 80th anniversary of the liberation of the Auschwitz death camp later this month after the country’s president asked for a guarantee Prime Minister Benjamin Netanyahu would not be arrested over alleged war crimes in Gaza.
Netanyahu is currently not planning on attending the commemoration, an aide to the premier told The Times of Israel Thursday, after an aide for Polish President Andrzej Duda confirmed that he had asked Prime Minister Donald Tusk to guarantee Netanyahu’s safety.
Polish media reported last month that Netanyahu would avoid attending events commemorating the 1945 liberation of the Nazi camp in late January, fearing he could be arrested due to Poland’s commitment to respecting an International Criminal Court warrant issued for him over the war in Gaza.
Duda’s aide Malgorzata Paprocka confirmed Thursday that the president had sent a letter to Tusk “to ensure that Israeli Prime Minister Benjamin Netanyahu is able to participate in the commemoration of the 80th anniversary of the liberation of Auschwitz, should he express such a wish.”
Duda said “Every person from Israel, every official from that country, should be able to take part in this unique event,” Paprocka posted on X.
According to Bloomberg, which first reported on the Wednesday letter, Duda had asked for Netanyahu’s potential stay to be “unhindered” due to the events’ “absolutely exceptional circumstances.”
He called on the Polish government to “devise an adequate formula” to both guarantee Netanyahu isn’t arrested and ensure the country respects international law, according to the outlet, which said it had seen the letter.
Duda has frequently been at odds with the Polish government, suggesting it may not cooperate with his request, according to Bloomberg.
Asked by state-run news channel TVP Info whether Netanyahu could count on a guarantee from Poland that he would not be arrested, Polish Deputy Prime Minister Krzysztof Gawkowski said: “There is no such topic, because Mr Netanyahu is not coming to Europe.”
A senior aide to Netanyahu said the arrest warrant issue would need to be dealt with before a trip could be considered.
“We’ll look into [coming] if we receive an invitation. For now, it’s not in the program,” the official said on condition of anonymity.
“First of all, they’ll have to solve the ICC issue,” they added.
The central commemoration event is planned for International Holocaust Remembrance Day on January 27 and is expected to be attended by dozens of leaders and heads of state, including Britain’s King Charles.
Polish outlet Rzeczpospolita reported in December that Israeli authorities have not contacted their Polish counterparts about attending the event, and officials in Warsaw believe the reason is related to Poland’s pledge that it will adhere to the International Criminal Court’s arrest warrant for Netanyahu over possible war crimes in the ongoing conflict with Hamas.
The country’s deputy foreign minister reiterated Warsaw’s stance on enforcing ICC warrants to the newspaper when asked for comment.
The report also said President Isaac Herzog did not plan to attend, though his predecessor Reuven Rivlin traveled to Poland for the 75th anniversary.
With neither the head of government nor the state set to attend, Education Minister Yoav Kisch is instead expected to represent Israel at the ceremony, his spokesperson said.
Netanyahu has not traveled to Europe since the ICC in November issued warrants for him and former defense minister Yoav Gallant on charges of war crimes and crimes against humanity over the war in the Gaza Strip. The court also put out a warrant for Hamas terror group military chief Muhammad Deif, whom Israel says has been killed.
Like all other European Union member states, Poland is bound to execute the warrants as a signatory to the ICC’s founding treaty. It’s unclear, however, whether all EU countries would arrest Netanyahu if he were to visit, with France having declared it believes the premier has immunity to actions by the ICC as Israel has not signed up to the court statutes. Italy has said it is not feasible to arrest Netanyahu as long as he remains head of Israel’s government.
Israel has strongly rejected the substance of the allegations and appealed against the warrants related to the fighting in Gaza, which was sparked by the Hamas-led onslaught against southern Israel last October in which Palestinian terrorists killed some 1,200 people and took 251 hostages while committing brutal atrocities.
