Netanyahu flies over 3 countries bound by ICC arrest warrant

Netanyahu’s aircraft crossed the airspace of France, Italy and Greece, all parties to the Rome Statute, while he travelled to New York for the UN General Assembly (UNGA).

Israeli Prime Minister Benjamin Netanyahu flew over three European countries on Thursday, September 24, while travelling to New York to address the United Nations General Assembly (UNGA), despite an International Criminal Court (ICC) arrest warrant against him.

According to flight-tracking website Flightradar24, Netanyahu’s aircraft flew over Greece, Italy and France before continuing towards the United States, Reuters reported. All three countries are parties to the Rome Statute, which established the ICC..

Netanyahu spent less than eight hours in New York. After delivering his UN address, he met the presidents of Argentina, Paraguay, Bolivia and Panama before leaving for Israel aboard the Wing of Zion.

Why Netanyahu was not arrested during the journey

Netanyahu was not arrested because his aircraft did not land in France, Greece or Italy. It only passed through their airspace on its way to the US.

France defended its decision to allow the aircraft to cross its airspace. French foreign ministry spokesperson Pascal Confavreux said the clearance was in conformity with international law.

“The Rome Statute does not impose any obligations regarding overflights of its territory by a state plane which has a passenger who is targeted by an arrest warrant,” Confavreux said.

France maintains that although the Rome Statute requires member states to cooperate with the ICC on matters including arrest and surrender, it does not specifically require them to prevent a state aircraft carrying an ICC-wanted passenger from crossing their airspace.

An Italian foreign ministry spokesperson said it could not immediately confirm whether Israel had requested permission for Netanyahu’s aircraft to cross Italian airspace.

Why Netanyahu faces an ICC arrest warrant

The ICC issued arrest warrants for Netanyahu and his then-defence minister Yoav Gallant on November 21, 2024, over alleged war crimes and crimes against humanity linked to Israel’s military campaign in Gaza.

The alleged offences include starvation as a method of warfare, murder, persecution and other inhumane acts. Netanyahu rejects the allegations, while Israel disputes the ICC’s jurisdiction and denies committing war crimes in Gaza.

Israel is not a party to the Rome Statute. However, the ICC has held that it can exercise jurisdiction over the situation in Palestine based on Palestine’s acceptance of the court’s jurisdiction and its territorial jurisdiction.