Netanyahu's plane flies over three ICC states despite arrest warrant

Israeli Prime Minister Benjamin Netanyahu traveled to the United States on a flight that passed through the airspace of three member states of the International Criminal Court (ICC), despite an active ICC arrest warrant against him. Flight tracking data showed his aircraft, the "Wing of Zion," flying over Greece, Italy, and France en route to Washington.

The ICC warrant and legal obligations

The ICC issued an arrest warrant for Netanyahu on November 21, 2024, over alleged war crimes and crimes against humanity committed during Israel's military offensive in Gaza, which has resulted in tens of thousands of Palestinian casualties since October 2023. As signatories to the Rome Statute, Greece, Italy, and France are legally obligated to cooperate with the court, including the execution of arrest warrants. However, none of the countries closed their airspace to the aircraft.

A pattern of unimpeded travel

This is not the first time Netanyahu has flown through the airspace of ICC member states since the warrant was issued. The same route was used for a trip to the U.S. in late December. While the Prime Minister previously avoided certain airspace over arrest fears, his travel patterns now suggest a calculated assessment that these states will not enforce the ICC's warrant against a sitting head of government on a diplomatic mission. His plane avoided French airspace during a UN trip last September, but did not do so this time.

Purpose of the US visit and regional context

Netanyahu departed Tel Aviv on Tuesday for meetings with U.S. President Donald Trump, with discussions expected to focus on Iran and regional security. The visit occurs amid heightened tensions and follows indirect U.S.-Iran talks in Oman. The unimpeded flight highlights the complex interplay between international law, geopolitics, and diplomatic protocol, raising questions about the practical enforcement of ICC warrants against incumbent leaders of allied states.