The European Commission has reiterated that all nations are expected to fully cooperate with the International Criminal Court (ICC), a position that includes the execution of outstanding arrest warrants. This statement was issued as the aircraft carrying Israeli Prime Minister Benjamin Netanyahu once again traversed the airspace of several ICC member states while en route to the United States.
During a midday press briefing on Tuesday, European Commission spokesperson Anouar El Anouni declined to comment on the specific circumstances surrounding Netanyahu’s travel, noting that questions regarding the ICC should be directed to the court itself. However, he emphasized the European Union’s broader institutional position. El Anouni stated that the EU remains committed to international criminal justice and the fight against impunity, adding that the bloc respects the impartiality and independence of the court and supports the principles established in the Rome Statute.
El Anouni also referenced the European Council’s 2023 conclusions, which explicitly called upon all states to ensure full cooperation with the ICC, including the prompt execution of outstanding arrest warrants. The ICC has issued warrants for both Benjamin Netanyahu and former Israeli defence minister Yoav Gallant in connection with alleged war crimes and crimes against humanity linked to the conflict in Gaza.
Flightradar data indicates that Netanyahu’s aircraft passed through the airspace of Greece, Italy, and France—all of which are states parties to the Rome Statute—during his journey to Washington, DC, on Monday. This route is consistent with previous travel patterns, including trips on December 28, 2025, and February 10. During a visit to New York in September 2025, his flight path included Greek and Italian airspace but excluded French territory.
While the Rome Statute mandates that states cooperate with the court, including the duty to arrest individuals sought by the ICC, these obligations typically apply when a suspect is physically present within a state’s land territory or other areas under its jurisdiction. The statute does not currently provide explicit guidance on whether these obligations extend to the overflight of a state's territory by an aircraft carrying an individual subject to an ICC warrant.
