A scandalous violation of national and international law
The decision by Donald Tusk’s government to ensure Israeli Prime Minister Benjamin Netanyahu’s safe participation in the 80th anniversary commemoration of the liberation of Auschwitz-Birkenau violates the Rome Statute of the International Criminal Court (ICC) and the Constitution of the Republic of Poland. Providing protection to an individual subject to an ICC arrest warrant for war crimes and crimes against humanity constitutes a breach of international agreements.
A recently signed agreement by Poland on the enforcement of ICC judgments, endorsed by Deputy Minister Maria Ejchart, was intended to demonstrate Poland’s commitment to upholding international law and combating the impunity of perpetrators of the gravest crimes. This agreement, based on Council of Ministers Resolution No. 23/2024 of March 28, 2024, underscores Poland’s readiness to cooperate with the Court, including accepting individuals convicted of severe crimes. However, the decision to grant Netanyahu protection undermines Poland’s credibility as an international partner.
Violation of international law and standards of the rule of law
Benjamin Netanyahu is subject to an arrest warrant issued by the ICC for war crimes and crimes against humanity committed in Gaza. Reports from Human Rights Watch (HRW) and Amnesty International unequivocally document systematic attacks by Israeli forces on civilians, resulting in over 46,000 deaths, including thousands of children. These reports highlight the use of starvation as a weapon of war, mass displacements, and deliberate destruction of civilian infrastructure, leading to catastrophic living conditions in Gaza—amounting to acts of genocide. Médecins Sans Frontières (Doctors Without Borders) has described the situation in Gaza as a humanitarian catastrophe, with Israeli actions deliberately targeting the Palestinian population’s living conditions. HRW reports reveal the destruction of over 12,000 residential buildings, depriving thousands of children of access to education.
We reject the Polish government’s actions that undermine the rule of law to protect individuals responsible for war crimes. The public assurance of safety for Benjamin Netanyahu, despite the ICC’s arrest warrant, demonstrates Poland’s deliberate disregard for its international obligations. Such a precedent severely undermines our nation’s credibility as a signatory to the Rome Statute. Inviting the Israeli Prime Minister to Poland would constitute a blatant breach of international legal norms and an affront to the memory of Holocaust victims. By this logic, Polish authorities might as well invite Vladimir Putin, who is also subject to an ICC arrest warrant for war crimes, including the illegal deportation of Ukrainian children.
Commemoration of Holocaust victims or an insult to their memory?
We cannot allow an individual responsible for mass crimes against civilians to participate in ceremonies commemorating Holocaust victims. Benjamin Netanyahu is complicit in the suffering of Palestinians, including the deaths of over 46,000 civilians, among them thousands of children, and the systematic destruction of living conditions in Gaza. According to Amnesty International, these crimes involve the deliberate destruction of civilian infrastructure, resulting in a humanitarian catastrophe. Among the victims of crimes committed by Israel are also Polish citizens—both those who were murdered and those who survived, yet now live forgotten. The memory of those murdered in concentration camps, including Polish citizens, demands that Poland uphold the highest moral and legal standards. Allowing Netanyahu to participate in the commemorations would not only be an insult to Holocaust survivors but also a betrayal of the values underpinning the establishment of the International Criminal Court.
Protests against the decisions of Polish authorities
In response to the scandalous decisions of Polish authorities, social organizations and activists have announced a series of protests against the planned protection of Benjamin Netanyahu, who is subject to an ICC arrest warrant. Demonstrations will take place in cities across Poland:
- Katowice, January 10, 4:00 PM, Plac Kwiatowy
- Warsaw, January 10, 5:00 PM, Office of the President, Wiejska Street 10
- Kraków, January 11, 3:00 PM, Main Market Square, Mickiewicz Monument
- Poznań, January 12, 3:00 PM, under Stary Marych
- Łódź, January 12, 3:00 PM, Piotrkowska Street 155
These protests aim to highlight the blatant violation of international law and express opposition to Polish government policies that undermine the rule of law and respect for war crime victims.
Conclusions and appeal
We call on the Polish government to respect international law and uphold the principles of the rule of law. As a signatory to the Rome Statute, Poland is obliged to cooperate with the ICC and enforce arrest warrants for individuals responsible for war crimes. Allowing Benjamin Netanyahu to attend the 80th anniversary commemoration of the liberation of Auschwitz would not only contradict the Polish Constitution (Articles 9 and 43) but also violate Poland’s international commitments. The memory of the victims and survivors of the genocide in Gaza, as well as the victims and survivors of the Holocaust, compels us to prioritize justice and human rights. Poland must actively support the ICC by enforcing its warrants and initiating dialogue at the UN forum on the protection of civilians in armed conflicts. Fulfilling these obligations will strengthen our image as a nation committed to the rule of law and human rights.
Sources:
- Council of Ministers Resolution No. 23/2024 (ICC: Enforcement Agreement) – [Government of Poland, March 28, 2024]
- Statement by Andrzej Szejna – [Foreign Affairs Committee Session, Polish Parliament, December 2024]
- Remarks by Maria Ejchart on signing the ICC agreement – [Ministry of Justice, December 2024]
- Rzeczpospolita: “ICC on Ignoring Arrest Warrants” – [Rzeczpospolita.pl, 2025]
- Amnesty International: “Israel is committing genocide against Palestinians in Gaza” – [Amnesty.org]
- Human Rights Watch: “Israel’s Crime of Extermination: Acts of Genocide in Gaza” – [HRW.org]
- Médecins Sans Frontières (MSF): “Gaza: Life in a Death Trap” – [MSF.org]
- Rome Statute of the International Criminal Court: [ISAP.gov.pl]
- International Criminal Court (ICC): “Arrest Warrants for Benjamin Netanyahu” – [ICC-CPI.int]
- Wyborcza: “Andrzej Duda Urged Government to Protect Netanyahu from Arrest” – [Wyborcza.pl]
- TVN24: “Duda Asked for Netanyahu’s Protection” – [TVN24.pl].
