The International Centre for Justice for Palestinians (ICJP) has challenged the Polish government’s decision not to enforce the International Criminal Court’s (ICC) arrest warrant against Israeli Prime Minister Benjamin Netanyahu. This legal dispute arises in connection with Netanyahu’s planned visit to Poland for the 80th anniversary of the liberation of Auschwitz-Birkenau, a historical commemoration of the Holocaust.
In a statement on Friday, the ICJP revealed it had written to Polish officials, including Prime Minister Donald Tusk, the Foreign Minister, and the Justice Minister, questioning the legal implications of the Polish government’s resolution to grant Netanyahu immunity. The resolution, issued under Polish Council of Ministers’ Resolution No. RM-06111-2-25, prevents the arrest of Netanyahu, despite an ICC warrant for his arrest for alleged war crimes and crimes against humanity during the Gaza conflict.
The ICJP recognized the importance of remembering Holocaust victims but raised concerns that the Polish decision could allow impunity for individuals facing ICC charges, including Netanyahu and former Israeli Defense Minister Yoav Gallant. The two are accused of using starvation as a weapon of war, among other charges, linked to their actions in Gaza. According to the ICJP, Poland, as a signatory to the Rome Statute, has an obligation to comply with the ICC’s warrant, and failure to do so would undermine both international law and Poland’s own constitutional values.
The ICJP also criticized the Polish government’s justification for offering Netanyahu immunity, claiming that it was in honor of the Jewish nation and its Holocaust victims. The ICJP asserted that true respect for genocide victims lies in upholding justice and holding alleged war criminals accountable, rather than offering protection.
Tayab Ali, Director of the ICJP, stressed that Poland has both a legal and moral duty to cooperate with the ICC to ensure that perpetrators of serious international crimes are brought to justice. He warned that failing to do so would not only violate international law but also Poland’s constitutional obligations.
The ICJP has engaged Polish law firm Pietrzak Sidor and Wspolnicy to assist with potential legal action. The Auschwitz-Birkenau memorial event, which marks the 80th anniversary of its liberation by Soviet forces on January 27, 1945, will be attended by Israeli Education Minister Yoav Kisch, who will lead the Israeli delegation.
The memorial, which honors the 1.1 million victims—primarily Jews—who perished at the concentration and extermination camp, is also a reminder of the tens of thousands of other ethnic and national groups, including Poles, Roma, and Soviet POWs, who suffered and died there.
