The undersigned civil society and human rights organizations strongly condemn Greece, Italy, and France for failing to uphold their legal obligations under international law by allowing Israeli Prime Minister Benjamin Netanyahu to transit through their airspace on 2 February 2025 without executing the warrants of arrest issued for him by the Pre-Trial Chamber I of the International Criminal Court (ICC) for war crimes and crimes against humanity.

We remind all State Parties to the Rome Statute that they are legally obligated to fully cooperate with the ICC, including by executing arrest warrants and surrendering individuals sought by the Court when they are present within their jurisdiction, which extends to their entire territory—including airspace. As all Member States of the European Union, as well as the United Kingdom, are parties to the ICC, we call upon them to uphold their legal obligations by executing the arrest warrant against Prime Minister Netanyahu should he be present in their airspace.

In recent months, we have regrettably witnessed repeated attempts by European states to manipulate legal principles in an egregious display of double standards, particularly concerning ICC arrest warrants issued against Israeli officials and attempts to pretextually claim their immunity. These actions not only undermine the credibility of the ICC but also set a dangerous precedent that weakens the global legal framework established to ensure accountability for the most serious crimes.

The ICC Pre-Trial Chamber II has recently clarified that, under Article 27 of the Rome Statute, heads of state and government—including those of non-State Parties—do not enjoy immunity for ICC arrest warrants. This clarification reinforces the principle that no individual is above the law and that all States Parties must cooperate with the ICC in executing arrest warrants.

We note that Prime Minister Netanyahu crossed European airspace on his way to the United States. While the United States is not a State Party to the ICC, we strongly condemn its decision to host and provide a platform to an individual subject to an ICC arrest warrant, as well as its ongoing efforts to politically obstruct the Court’s mandate. The continued attempts to delegitimize the ICC, including by imposing sanctions against the Court, will have far-reaching consequences, not only for the ongoing investigations into the situation in the State of Palestine but also for other situations currently under investigation or preliminary examination.

At a moment when the ICC is under unprecedented threat and attack, the failure of States Parties to uphold their legal obligations in executing arrest warrants against individuals accused of grave crimes undermines the very foundation of the entire international justice system. Prime Minister Netanyahu’s return journey presents another opportunity for upholding international law. Once again, we urge all ICC member states whose airspace will be crossed by Prime Minister Netanyahu to fulfill their obligations under the Rome Statute by executing the ICC arrest warrant. Compliance with international law is not optional, and failure to act would further erode the credibility of the international legal order and the fight against impunity.

• Al Mezan Center for Human Rights
• Addameer Prisoner Support and Human Rights Association
• Palestine Institute for Public Diplomacy (PIPD)
• The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH)
• Al-Haq