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.

“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”.

“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

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.