During the days on the candlestick there was a question of guarantees granted by Poland to the Prime Minister of Israel, Benjamin Netanyahu, in connection with his possible arrival at the 80th anniversary of the liberation of Auschwitz-Birkenau. Virtual Poland asked the global Criminal Court (ICC) for an opinion on the decision of the Polish government. In his statement, the Court recalled that the States which are parties to the Rome Statute have a legal work to cooperate with the ICC, including the execution of his arrest warrants.
Netanjah's arrest warrant
The global Criminal Court issued a warrant for the arrest of Benjamin Netanjah last year, which is related to suspicions of war crimes committed in Palestine. Poland, recognising the jurisdiction of the ICC, is obliged to comply with its decision under the Rome Statute.
ICC position
In consequence to the question of Virtual Poland, the ICC press office stressed:
"The Tribunal relies on countries that enforce its decisions. This is not only a legal work to the Court under the Rome Statute, but besides a liability to another States Parties. If States have concerns about cooperation with the Court, they may consult it in a timely and effective manner. However, States cannot unilaterally find the merits of the Court's legal decisions. As provided for in Article 119 of the Statute, ‘any dispute over the judicial functions of the Court shall be decided by a decision of the Court’.
Decision of the Polish Government
Despite these commitments, the Polish government assured that Prime Minister Netanyahu would not be arrested during his planned visit to Poland. The Government Information Centre issued a message indicating:
“In connection with the planned on 27 January 2025 celebrations of the 80th anniversary of the liberation of the erstwhile German Nazi Concentration and demolition Camp Auschwitz-Birkenau in Oświęcim, the Polish government declares that it will guarantee a free and safe participation in these celebrations to the highest representatives of Israel.”
This decision was supported by a peculiar resolution of the Council of Ministers, which stated that ensuring the safety of Israeli leaders was in line with the dedication to judaic victims of the Holocaust.
Political reactions
The political effects of Warsaw's decision are widely commented upon. Donald Tusk, Prime Minister of Poland, said:
“It is clear to me that all typical of the State of Israel should have the right to visit, especially on the day of the anniversary.”
Bloomberg's agency reported that president Andrzej Duda sent a letter to Prime Minister Tusk, expressing his position on the matter. However, the contents of the letter were not publically disclosed.
Legal and moral dilemma
The decision of Poland raises questions about its compatibility with global law. The Rome Statute, to which Poland is simply a party, clearly defines the responsibilities of states in the field of cooperation with the ICC. On the another hand, the decision of the Polish government was conditioned by the historical and political context, stressing the importance of commemorating the Holocaust victims.
Summary
The warrant case for Benjamin Netanyahu reveals tensions between global commitments and national political interests. Poland faced a hard choice, which could have far-reaching consequences for its image on the global stage. This decision will surely be the subject of further debate, both at home and abroad.
Continued here:
The ICC comments on the Tsuk government's decision to grant protection to the Netanjah criminal
