Netanyahu will not face arrest if he attends Auschwitz commemoration, says Polish PM

Israeli PM is subject to arrest warrant by International Criminal Court over alleged war crimes in Gaza

Israeli Prime Minister Benjamin Netanyahu has yet to say whether he will attend the Auschwitz commemoration event on January 27. EPA

Israeli Prime Minister Benjamin Netanyahu will not risk arrest if he travels to Poland to attend the 80th anniversary of the liberation of Auschwitz concentration camp this month, Polish Prime Minister Donald Tusk has said.

Mr Netanyahu is subject to an arrest warrant by the International Criminal Court over alleged war crimes in Gaza.

As a signatory to the treaty establishing the ICC, Poland is obliged to hold those who commit international crimes accountable, which means it must detain and hand over the Israeli leader if he travels there.

But Mr Tusk has confirmed his safety will be “guaranteed” after Polish President Andrzej Duda urged the government to offer Mr Netanyahu safe passage due to the “absolutely exceptional circumstances” of the event, scheduled for January 27.

Malgorzata Paprocka, the head of Mr Duda's office, confirmed to the state news agency that a letter had been sent with the request, stating he believes the government will be able to “devise an adequate formula” to provide guarantees for Mr Netanyahu that reconcile respect for international law with the significance of the Auschwitz liberation.

Polish President Andrzej Duda wants guarantees provided for Benjamin Netanyahu. Reuters

“In the opinion of the president, there is one issue, precisely because it is the Auschwitz camp, every person from Israel, every representative of the authorities of this country should have the opportunity to take part in this exceptional event,” Ms Paprocka said.

Mr Tusk said that, according to information from the Israeli embassy, Israel will be represented at the ceremony by Education Minister Yoav Kisch, so Mr Duda's request could be considered a “political demonstration”.

People with Israeli flags attend the International March of the Living at the former Auschwitz Nazi German death camp, in Brzezinka, Poland. Reuters

“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 … for the celebrations in Auschwitz will be assured of safety and will not be detained,” he said.

More than 1.1 million people, mostly Jews, died in gas chambers or from starvation, cold and disease at Auschwitz, which Nazi Germany set up in occupied Poland during the Second World War. At least 3 million of Poland's 3.2 million Jews were murdered by the Nazis, accounting for about half of the Jews killed in the Holocaust.

Mr Netanyahu has yet to say whether he will attend the liberation commemoration at the site of the camp in southern Poland. The Israeli Prime Minister has attended previous anniversary events held there. His office and the Foreign Ministry in Jerusalem did not immediately respond to requests for comment.

Auschwitz camp – in pictures

A man walks by the barbed wire fence of the Auschwitz German Nazi death camp in Oswiecim, Poland. AFP

A view of the remains of gas chambers and crematoriums of Auschwitz I, which was part of former German Nazi death camp Auschwitz-Birkenau. AFP

Buildings of Auschwitz I, which were part of former German Nazi death camp Auschwitz-Birkenau. AFP

A visitor walks among barbed wire and prison barracks at the former Auschwitz I concentration camp in Oswiecim, Poland. Getty Images

Visitors look through barbed wire towards the remains of prisoner barracks at the former Auschwitz-Birkenau German concentration camp near Oswiecim, Poland. Getty Images

Jona Laks, survivor of Nazi Dr Josef Mengele's experiments and her granddaughter, Lee Aldar walk as they visit the Auschwitz death camp, in Oswiecim, Poland. Reuters

The Death Gate of the former Auschwitz II-Birkenau camp during ceremonies marking the 75th anniversary of the liberation of the former Nazi-German concentration and extermination camp KL Auschwitz-Birkenau, in Oswiecim, Poland. EPA

The Death Gate of the former Auschwitz II-Birkenau camp during ceremonies marking the 75th anniversary of the liberation of the former Nazi-German concentration and extermination camp KL Auschwitz-Birkenau, in Oswiecim, Poland. EPA

Visitors walks past barbed wire and prisoner barracks at the former Auschwitz-Birkenau German concentration camp near Oswiecim, Poland. Getty Images

The blocks of Auschwitz I, which was part of former German Nazi death camp Auschwitz-Birkenau. AFP

The remains of barracks for prisoners at the former German Nazi death camp Auschwitz II - Birkenau. AFP

The remains of the barracks and the main building of the Auschwitz-Birkenau German Nazi death camp. AFP

The railway entrance to former German Nazi death camp Auschwitz II - Birkenau with its SS guards tower. AFP

Survivers attend the offical ceremony at the former German Nazi death camp Auschwitz-Birkenau during events to commemorate the 75th anniversary of the camp's liberation in Oswiecim, Poland. AFP

Mayor of London Sadiq Khan and Jozef Wanger, member of the Auschwitz-Birkenau Foundation, are pictured ahead of ceremonies marking the 75th anniversary of the liberation of the camp and International Holocaust Victims Remembrance Day on the site of the former Nazi German concentration and extermination camp Auschwitz II-Birkenau in Brzezinka near Oswiecim, Poland, January 27, 2020. Reuters

An orthodox priest walks after paying respects at the Holocaust memorial in Bucharest, Romania, Monday, Jan. 27, 2020. Romania marked the International Holocaust Remembrance Day on the 75th anniversary of the Soviet army's liberation of the Auschwitz-Birkenau death camp. AP Photo

Mayor of London Sadiq Aman Khan (right) in front of the 'Gate of Death' at the former Auschwitz II-Birkenau camp before ceremonies marking the 75th anniversary of the liberation of the former Nazi-German concentration and extermination camp KL Auschwitz-Birkenau, in Oswiecim, Poland. EPA

Governor of New York State Andrew M. Cuomo (second right) in front of the 'Gate of Death' at the former Auschwitz II-Birkenau camp. EPA

Poland's President Andrzej Duda meets with his Ukrainian counterpart Volodymyr Zelenskiy during the events dedicated to the 75th anniversary of the liberation of the former Nazi German concentration and extermination camp Auschwitz. Adrianna Bochenek / Agencja Gazeta via Reuters

London Mayor Sadiq Khan attends the official ceremony to mark the 75th anniversary of the liberation of the Auschwitz concentration camp. Getty Images

Survivers attend the offical ceremony at the former German Nazi death camp Auschwitz-Birkenau. AFP

Survivers attend the offical ceremony at the former German Nazi death camp Auschwitz-Birkenau. AFP

Andrew Cuomo (left), Governor of the state of New York, chats with Rabbi Meyer Kizelnik (seated), a childhood survivor of the Auschwitz concentration camp, prior to the official ceremony to mark the 75th anniversary of the liberation of the camp. Getty Images

Roland Lauder, President of the World Jewish Congress, arrives for the offical ceremony at the former German Nazi death camp Auschwitz-Birkenau during events to commemorate the 75th anniversary of the camp's liberation in Oswiecim, Poland, on January 27, 2020. More than 200 survivors came from across the globe to the camp the Nazis built in Oswiecim in then-occupied Poland, to share their testimony as a stark warning amid a recent surge of anti-semitic attacks on both sides of the Atlantic. / AFP / Wojtek RADWANSKI

Auschwitz concentration camp survivors and their families attend the official ceremony to mark the 75th anniversary of the liberation of the Auschwitz concentration camp. Getty Images

Britain's Camilla, King Willem-Alexander and Queen Maxima of the Netherlands attend the ceremonies marking the 75th anniversary of the liberation of the camp. Reuters

The court in The Hague issued arrest warrants in November for Mr Netanyahu and his former defence minister Yoav Gallant, as well as Hamas commander Mohammed Deif, named Mohammed Diab Ibrahim Al Masri in the warrants, for alleged war crimes and crimes against humanity in the Gaza conflict between Israel and the Palestinian group.

Israel has condemned the warrants for Mr Netanyahu and Mr Gallant, saying it has acted in self-defence in its air and ground war in Gaza triggered by Hamas's cross-border attack on October 7, 2023.

Hamas killed about 1,200 Israelis and took an estimated 250 people hostage when it invaded. Israel’s military response has killed more than 46,000 Palestinians.

Hungarian Prime Minister Viktor Orban said in November he planned to invite Mr Netanyahu to Budapest, disregarding the ICC arrest warrant.