Poland declares Netanyahu will not be arrested if he attends Auschwitz anniversary

Polish Prime Minister Donald Tusk has confirmed that Poland will not comply with an International Criminal Court (ICC) warrant to arrest Israeli Prime Minister Benjamin Netanyahu if he attends the 80th anniversary of the liberation of Auschwitz on January 27.

Addressing the matter in parliament, Tusk stated that the government had been “working for many days on a decision that would guarantee a safe visit for all guests who are interested in participating in the anniversary ceremonies in Auschwitz,” Caliber.Az reports via Polish media.

“For obvious reasons, this particularly applies to representatives of the state of Israel, who are understandably more interested than anyone else in these ceremonies,” Tusk said, as quoted by 300Polityka.

Acknowledging the legal and diplomatic challenges, Tusk described the situation as “delicate.” He elaborated: “On one hand we have the ICC [warrant]. But, on the other hand, it has been obvious to me from the start that the prime minister, president or any other representative of Israel should have the full right and sense of security and safety if they visit Auschwitz.”

“Whether it is the prime minister or a minister – whoever comes to the ceremony will have their safety ensured and will not be detained,” Tusk confirmed.

Government resolution supports Israel’s participation

On January 9, the Polish government adopted a resolution aimed at ensuring the participation of Israeli officials in the anniversary. Without naming Netanyahu, the resolution stated Poland would “ensure free and safe access and participation by the highest representatives of the State of Israel in these commemorations.”

It underscored the importance of Holocaust remembrance: “Remembering the six million victims of the Holocaust, including the almost 1.1 million murdered in Auschwitz-Birkenau, is a moral and legal obligation, not only for Poland, Israel and the nations of Europe, but for the entire international community.”

The resolution concluded, “That is why the government treats ensuring the safe participation of the leaders of Israel in the commemorations as part of paying tribute to the Jewish nation, millions of whose daughters and sons became victims of the Holocaust carried out by the Third Reich.”

ICC warrants and Netanyahu’s plans

In November 2024, the ICC issued arrest warrants for Netanyahu and former Israeli Defence Minister Yoav Gallant on allegations of war crimes and crimes against humanity during the conflict with Palestine. As an ICC member, Poland is obliged to enforce such warrants.

However, Rzeczpospolita reported last month that Netanyahu is unlikely to attend the ceremony due to concerns over the warrant. According to the newspaper, “The Israeli authorities did not even ask for Prime Minister Netanyahu to participate in the ceremony because they knew what Warsaw’s response would be.”

Polish Deputy Foreign Minister Władysław Bartoszewski, who is overseeing the anniversary event, emphasised Poland’s obligation to respect the ICC’s rulings. “We are obliged to respect the decisions of the ICC,” he said.

Anonymous diplomatic sources quoted by the newspaper indicated that Poland remains committed to ensuring ICC accountability in other cases, particularly involving Russian President Vladimir Putin, who is also subject to an ICC warrant.

Criticism and calls for exception

Israel’s special envoy for combating antisemitism, Michal Cotler-Wunsh, criticised Poland’s stance, arguing that it had missed a critical opportunity. “The most important moment to say ‘never again’ in the 80-year commemoration of the liberation of Auschwitz” was overlooked, she said.

Cotler-Wunsh accused the ICC of “the hijacking and weaponisation of international law and its infrastructures for the systematic demonisation and delegitimisation and application of double standards toward the state of Israel, the proverbial Jew among the nations.”

Polish President Andrzej Duda, who represents the conservative opposition, also weighed in. On January 8, Duda urged Tusk’s government to guarantee Netanyahu’s safety. He argued that the “exceptional circumstances” of the anniversary warranted ignoring the ICC warrant. “Every Jew can honour the memory of over six million of their murdered brethren,” he wrote.

Historical context

Auschwitz, located in Nazi-occupied Poland, was initially established to house Polish political prisoners before becoming a major site of the Holocaust. Over 1.3 million individuals were deported to the camp, and at least 1.1 million were murdered, including one million Jews.

The 80th anniversary of the camp’s liberation serves as a poignant reminder of the atrocities committed and highlights the ongoing challenges of balancing justice and historical commemoration.

By Vugar Khalilov