Francesca Albanese, the UN Special Rapporteur on the occupied Palestinian territory, has sharply criticized Italy, France, and Greece for permitting Israeli Prime Minister Benjamin Netanyahu, a suspect wanted by the International Criminal Court (ICC), to traverse their airspace en route to the United States.
This decision, Albanese argues, may constitute a breach of these nations’ obligations under the Rome Statute, which established the ICC in 2002.
The ICC issued arrest warrants for Netanyahu and former Israeli defense minister Yoav Gallant last year, citing war crimes and crimes against humanity committed during Israel’s genocide in Gaza, including starvation as a method of warfare and systematic targeting of Gaza’s healthcare system.
As signatories to the Rome Statute, Italy, France, and Greece are theoretically obligated to arrest individuals subject to ICC warrants, such as Netanyahu, if they enter their territory or airspace.
Albanese emphasized that these countries must explain why they provided “safe passage” to an alleged war criminal, stating on X:
Italian, French and Greek citizens deserve to know that every political action violating the int’l legal order, weakens and endangers all of them. And all of us.
The controversy arises as Netanyahu traveled to meet U.S. President Donald Trump to discuss the forced displacement of Palestinians amid ongoing ceasefire talks with Hamas, further highlighting Israel’s actions in the besieged Strip in clear violation of international law.
Netanyahu’s recent travels, including a February visit to the U.S. and an April trip to Hungary, reveal a pattern of navigating around ICC obligations, with his flights avoiding airspace of nations like Ireland and the Netherlands that might enforce the warrant.
Hungary withdrew its ICC membership just before Netanyahu’s visit, while the U.S., not a Rome Statute party, has faced no such obligations and even imposed sanctions on ICC officials.
European Union nations remain divided, with some affirming ICC commitments, while Italy questions the warrant’s legality and France claims Netanyahu’s immunity, underscoring a troubling inconsistency in upholding international law amid Israel’s ongoing genocide in Gaza.