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Netanyahu Addresses UN Despite ICC Arrest Warrant; Europe Allows Overflight
Israeli Prime Minister Benjamin Netanyahu delivered a UN address on 24 September despite an ICC arrest warrant, with his aircraft crossing French, Italian, and Greek airspace unimpeded. France defended the decision by arguing the Rome Statute does not obligate states to arrest passengers on state aircraft overflights, while critics including former Irish MEP Mick Wallace argued the allowance enables war crimes.
Quick Facts
- Netanyahu addressed the UN General Assembly
- Netanyahu's aircraft crossed French, Italian, and Greek airspace
- France defended not arresting Netanyahu
- Mick Wallace criticized France, Italy, and Greece for allowing the overflight
- ICC issued arrest warrants for Netanyahu and Gallant



Israeli Prime Minister Benjamin Netanyahu delivered a speech to the UN General Assembly on 24 September 2026 while subject to an active International Criminal Court arrest warrant. His aircraft crossed the airspace of France, Italy, and Greece en route to New York without being intercepted, prompting international criticism.
The ICC issued arrest warrants for Netanyahu and former Defence Minister Yoav Gallant in November 2024 over alleged war crimes and crimes against humanity in Gaza. Israel rejects the court's jurisdiction and denies the allegations, characterizing its military campaign as a response to Hamas's October 7, 2023 attack.
France defended its decision not to arrest Netanyahu, with foreign ministry spokesperson Pascal Confavreux stating that "the Rome Statute does not impose any obligations regarding overflights of its territory by a state plane which has a passenger who is targeted by an arrest warrant." France, Italy, and Greece are all signatories to the Rome Statute, which establishes the ICC. An Italian foreign ministry spokesperson said they could not immediately confirm whether Israel had sought permission for the overflight.
Former Irish MEP Mick Wallace criticized the three countries on social media, arguing that allowing Netanyahu's plane to cross their airspace amounts to enabling war crimes and constitutes a breach of ICC obligations. This reflects broader tension over enforcement of ICC warrants against sitting leaders of states not party to the court's jurisdiction.
The United States, a non-signatory to the Rome Statute and close Israeli ally, has launched a campaign to isolate the ICC. President Donald Trump this week called the court an "out of control institution" and urged member states to withdraw. France has condemned threats against the court. Netanyahu previously took a circuitous route to New York in earlier visits to avoid European airspace.
Why This Matters
Three Rome Statute signatories (France, Italy, Greece) allowed Netanyahu's transit despite an active ICC arrest warrant, creating a precedent for enforcement gaps. The decision exposes conflicting interpretations of Rome Statute obligations, affects the ICC's practical authority over sitting leaders, and signals divergence between US and European positions on the court's legitimacy—with implications for future warrant enforcement and diplomatic immunity doctrine.
Timeline & Sources
Oct 7, 2023
WireHamas attacks Israel
Nov 21, 2024
WireICC issues arrest warrants for Netanyahu and Gallant over alleged war crimes in Gaza
Sep 24, 2026
WireNetanyahu addresses UN General Assembly
Sep 25, 2026
WireNetanyahu's aircraft crosses French, Italian, and Greek airspace en route to New York
Sep 26, 2026
WireMick Wallace criticizes France, Italy, and Greece for allowing overflight; France defends decision
Sources
- Why an international arrest warrant didn't stop Netanyahu's US tripBBCMediaSep 25, 2026
- 'No obligations under Rome Statute for overflights': France defends not arresting NetanyahuThe Times of IndiaMediaSep 26, 2026
- Wallace: Allowing Netanyahu’s plane to cross airspace enables war crimessaba.yeMediaSep 26, 2026