UN Rapporteur Criticizes Italy, France, Greece for Netanyahu's Airspace Use

In a significant rebuke of international legal obligations, Francesca Albanese, the United Nations special rapporteur on the human rights situation in the occupied Palestinian territories, has condemned the actions of Italy, France, and Greece for permitting Israeli Prime Minister Benjamin Netanyahu to traverse their airspace on his recent trip to the United States. This incident raises critical questions regarding compliance with international law, particularly in light of the arrest warrants issued against Netanyahu by the International Criminal Court (ICC).

On July 9, 2025, Albanese asserted that the actions of these states might represent a violation of their commitments under the Rome Statute, which obligates signatories to act against individuals accused of serious crimes, including war crimes and crimes against humanity. "Italian, French and Greek citizens deserve to know that every political action violating the international legal order weakens and endangers all of them," Albanese stated on social media platform X.

The ICC had issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant due to allegations of war crimes and crimes against humanity related to the ongoing conflict in Gaza. Albanese's remarks were a direct response to an assertion by human rights attorney Craig Mokhiber, who criticized the countries for their failure to uphold their legal responsibilities.

Historically, the ICC has faced challenges in enforcing its warrants, a situation highlighted by South Africa's refusal to arrest former Sudanese President Omar al-Bashir during a 2017 visit, despite an existing ICC warrant. The differing reactions from European Union member states regarding the ICC's warrant for Netanyahu illustrate a broader uncertainty about the applicability of international law. While some nations have expressed their intention to fulfill their ICC obligations, Italy has indicated legal uncertainties regarding Netanyahu's status, while France has suggested that Netanyahu may possess immunity.

Netanyahu's recent visit to the US was not his first since the ICC issued these warrants. In February, he visited the US, becoming the first foreign leader to meet with President Donald Trump following Trump's inauguration. Subsequent visits included one to Hungary, where Prime Minister Viktor Orban had rescinded Hungary's ICC membership shortly before Netanyahu's arrival. This led to Netanyahu taking a longer flight route to avoid airspace of countries that could enforce the ICC warrant, as reported by Haaretz.

The implications of this situation are profound. The actions of Italy, France, and Greece not only reflect their diplomatic stances but also set precedents for how international law is upheld—or not upheld—by signatory nations. This case highlights a growing divide within the European Union regarding the enforcement of international legal norms, particularly as they pertain to leaders accused of grave human rights violations. As the geopolitical landscape continues to evolve, the enforcement of international law remains a contentious issue, raising questions about the integrity of international legal frameworks and the responsibilities of nation-states in upholding them.

As discussions regarding ceasefires and humanitarian issues in Gaza continue, the international community is left to ponder the full implications of these recent developments. The question remains: will international law prevail, or will political considerations continue to overshadow legal obligations in the pursuit of justice?