During Netanyahu’s recent trip to Washington, his aircraft transited Italian and French airspace. Both Italy and France are States Parties to the Rome Statute and, pursuant to the arrest warrant issued by the International Criminal Court, were legally bound to intercept his aircraft and carry out his arrest. Clearly, Netanyahu’s overflight was permitted by these two States, and there is no valid legal justification for their failure to act. Diplomatic immunity does not extend to individuals accused of international crimes. If political considerations were at play, these States could have declined to grant overflight clearance rather than violate their legal obligations.
A robust and coordinated response should be initiated to address the failure of these two States to comply with their obligations under the Rome Statute, including but not limited to Articles 27 (irrelevance of official capacity), 86 (general obligation to cooperate), and 89 (surrender of persons to the Court). Such a measure would reinforce the principle of accountability and deter future instances of non-compliance, ensuring at least that this war criminal is no longer able to transit the airspace of Rome Statute States Parties, the majority of which are European nations.
A robust and coordinated response should be initiated to address the failure of these two States to comply with their obligations under the Rome Statute, including but not limited to Articles 27 (irrelevance of official capacity), 86 (general obligation to cooperate), and 89 (surrender of persons to the Court). Such a measure would reinforce the principle of accountability and deter future instances of non-compliance, ensuring at least that this war criminal is no longer able to transit the airspace of Rome Statute States Parties, the majority of which are European nations.