Israeli PM Netanyahu’s use of airspace violated international law – UN rapporteur Albanese

Israeli PM Netanyahu’s use of airspace violated international law – UN rapporteur Albanese
[New York | July 9, 2025]

UN Special Rapporteur on human rights in the occupied Palestinian territories, Francesca Albanese, has strongly criticized Israeli Prime Minister Benjamin Netanyahu’s use of European airspace during his recent visit to the United States. She stated that allowing Netanyahu, who is wanted by the International Criminal Court (ICC) for alleged war crimes and crimes against humanity, to travel safely through international air routes constitutes a violation of international law.

Albanese pointed out that as signatories to the Rome Statute, Italy, France, and Greece should explain why they allowed Netanyahu to fly through their airspace, when they were “theoretically obligated to arrest him.”

The Rome Statute, adopted in 2002, established the Hague-based ICC. Last year, the court issued arrest warrants against Netanyahu and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity committed during military operations in Gaza.

In a post on X (formerly Twitter), Albanese wrote:

“Italian, French, and Greek citizens deserve to know that any political decision that violates international legal norms ultimately weakens and endangers them all.”

She made this statement in response to a post by human rights lawyer Craig Mokhiber, who accused the three countries of “violating their legal obligations under the Rome Statute,” “disrespecting genocide victims,” and “undermining the rule of law.”

This was not Netanyahu’s first visit to the U.S. since the ICC issued the arrest warrant. In February this year, he also traveled to the U.S. and met with President Donald Trump. At that time, his aircraft took an extended route over U.S. military airspace to avoid countries that might act on the ICC warrant.

In April, Netanyahu visited Hungary, shortly after Prime Minister Viktor Orbán announced Hungary’s withdrawal from the ICC. From Hungary, Netanyahu traveled to the U.S., deliberately avoiding the airspace of Ireland, Iceland, and the Netherlands, adding over 400 kilometers to the flight path.

According to ICC guidelines, member states are legally obligated to arrest individuals subject to ICC warrants if they enter their territory. However, enforcement is inconsistent. For example, in 2017, South Africa, an ICC member, failed to arrest former Sudanese President Omar al-Bashir, despite an active warrant against him.

EU nations remain divided over how to respond to the ICC warrant against Netanyahu. Some have pledged to uphold their ICC obligations. Italy has expressed “serious doubts” over the legal validity of the warrant, while France has suggested Netanyahu may be entitled to diplomatic immunity from the ICC.