Poland’s government is facing possible legal action after it said that Israeli Prime Minister Benjamin Netanyahu would not be arrested if he attends a Holocaust anniversary event at the Auschwitz-Birkenau concentration camp later this month.
In letters on Friday, the London-based International Centre of Justice for Palestinians warned Polish officials that they would be in breach of international and domestic law if they failed to enforce an arrest warrant for Netanyahu issued by the International Criminal Court (ICC).
Netanyahu, along with former Israeli defence minister Yoav Gallant, is currently wanted by the ICC over alleged war crimes committed by Israeli forces in Gaza.
As a state party to the ICC, Poland is obliged to enforce warrants issued by the court.
But on 9 January, Poland’s Council of Ministers passed a resolution guaranteeing the “safe participation” of Israeli leaders in the commemorations on 27 January marking the 80th anniversary of the liberation of Auschwitz-Birkenau in 1945.
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Polish Prime Minister Donald Tusk said: “I confirm, whether it is the prime minister, the president, or the minister – as it is currently declared – of education of Israel, whoever will come… will be assured of safety and will not be detained.”
But in letters sent to Tusk and his foreign and justice ministers, Radoslaw Sikorski and Adam Bodnar, the ICJP said that the resolution amounted to the “politicization of the international justice system”.
“The approaching anniversary, inseparably tied with the memory of the victims of the Holocaust, painfully reminds us of the role of an effective international justice system in the face of the gravest crimes,” the letter said.
“Justifying the adopted position as an effort to ‘pay tribute’ to the victims of genocide violates the ideals that underly the international justice system, shaped by the tragic events commemorated by the upcoming anniversary.”
‘Moral duty’
ICJP director Tayyab Ali said: “Should the Polish government attempt to shield individuals accused of such crimes from justice, the ICJP will take immediate and robust legal action in Polish courts.
“Poland, as a state party to the ICC, has a legal and moral duty to cooperate with the Court in bringing perpetrators of serious international crimes to justice.”
There is no indication at present that Netanyahu plans to attend the ceremony at Auschwitz-Birkenau, a former Nazi death camp where more than 1.1 million people, mostly Jews, were killed during World War Two. Polish media has reported that the Israeli delegation will be led by education minister Yoav Kisch.
European countries have taken different positions on the question of whether they would be obliged to arrest Netanyahu if the opportunity arose.
Several countries including the UK, Ireland and Belgium have confirmed that Netanyahu would face arrest. But France in November said it believed Netanyahu would be covered by diplomatic immunity as a head of government.
Asked about Poland’s position earlier this month, a spokesperson for the European Commission called on all European Union countries “to ensure full cooperation with the court, including by the prompt execution of outstanding arrest warrants”.
