ICJP Pledges to Challenge Potential Protection of Israeli War Crimes Suspects by Polish Politicians in Letter to Prime Minister
London, 17th January 2025- The International Centre for Justice for Palestinians (ICJP) has today written to the Prime Minister of Poland, the Minister of Foreign Affairs, and the Minister of Justice regarding the potential protection of Israeli war crimes suspects by Polish politicians. ICJP is committed to challenging any actions by the Polish government that violate Poland’s international or domestic legal obligations.
In particular, the letter refers to ‘Resolution No. RM-06111-2-25’ by the Polish Council of Ministers, dated 9 January, 2025. This resolution, purportedly adopted to provide security guarantees to the Israeli delegation attending the 80th anniversary of the liberation of Auschwitz-Birkenau on 27 January, 2025, raises critical issues of compliance with international and domestic law. ICJP has retained Polish law firm Pietrzak Sidor & Wspólnicy to act on its behalf with regards to submissions to the Polish government and any subsequent legal proceedings if they become necessary.
ICJP fully recognises the importance of commemorating the victims of the Holocaust and the liberation of Auschwitz-Birkenau. However, the resolution has wide-ranging detrimental impacts beyond this. The resolution may facilitate impunity for individuals subject to arrest warrants issued by the International Criminal Court (ICC), including wanted war crimes suspects Benjamin Netanyahu and Yoav Gallant. The warrants, issued on 21 November 2024, include charges of Crimes Against Humanity of Murder, the War Crime of Starvation, and Persecution of Palestinian populations, citing Israel’s targeting of the civilian population of Gaza as part of a widespread and systematic government policy.
As a state party to the Rome Statute, Poland is obliged to cooperate fully with the ICC. This includes enforcement of arrest warrants for individuals suspected of crimes under international law, including Netanyahu and Gallant. Under Article 86 of the Statute, Poland is required to cooperate in good faith with the Court’s requests. Refusal to do so by Poland would not only be a failure to uphold their obligations, but it would also undermine the very fabric of international justice.
The letter also highlights the resolution’s contradiction with Poland’s domestic legal framework, particularly provisions of the Polish Code of Criminal Procedure, which mandate judicial, not executive, decisions regarding the detention and surrender of individuals subject to ICC arrest warrants. ICJP stresses that any attempt by the executive to pre-empt or obstruct judicial processes represents a serious breach of the rule of law.
Furthermore, ICJP finds it profoundly disturbing that the Polish Council of Ministers seeks to justify this resolution as an act of respect for the Holocaust victims. ICJP firmly believes that true respect for the victims of genocide lies in upholding the principles of justice and ensuring accountability for atrocities, not in providing protection to alleged perpetrators of war crimes and crimes against humanity.
In light of these concerns, ICJP urges the Polish government to:
- Reaffirm its commitment to the Rome Statute and its obligations under international law.
- Ensure that any individuals attending the Auschwitz-Birkenau anniversary who are subject to ICC arrest warrants are detained and brought before the appropriate authorities.
- Refrain from any actions or declarations that undermine the credibility and effectiveness of the international criminal justice system.
ICJP reiterates its commitment to challenging any actions by the Polish government that violate Poland’s international or domestic legal obligations. ICJP remains committed to advocating for justice for the victims of war crimes and crimes against humanity and ensuring accountability for those responsible.
ICJP Director Tayab Ali stated:
“The International Centre for Justice for Palestinians is committed to ensuring accountability for war crimes and crimes against humanity. Should the Polish government attempt to shield individuals accused of such crimes from justice, the ICJP will take immediate and robust legal action in Polish courts to challenge this breach of Poland’s obligations under the Rome Statute and other international treaties.
Poland, as a state party to the ICC, has a legal and moral duty to cooperate with the Court in bringing perpetrators of serious international crimes to justice. Failure to do so would not only violate international law but also Poland’s own constitutional principles.”
ENDS
Notes to Editors:
- The International Centre of Justice for Palestinians is an independent organisation of lawyers, politicians and academics who support the rights of Palestinians and aim to protect their rights through the law.
- For all press inquiries, or for the full letter, please contact press@icjpalestine.com.