EU reiterates ICC cooperation obligation as Netanyahu again crosses airspace of member states

The European Commission reiterated Tuesday that all states should fully cooperate with the International Criminal Court (ICC), including by executing outstanding arrest warrants, as Israeli Prime Minister Benjamin Netanyahu’s aircraft once again crossed the airspace of several ICC member states en route to the United States.

Speaking at the European Commission’s midday press briefing, spokesperson Anouar El Anouni declined to comment on Netanyahu’s specific case, saying that “any specific question on the ICC … should be addressed directly to the ICC.”

He nevertheless underscored the EU’s position on the podium.

“We, as EU, we do support the ICC and the principles set out in the Rome Statute. We as EU respect the court’s independence and impartiality, and we, as EU, we are strongly committed to international criminal justice and the fight against impunity,” El Anouni said.

He also recalled the European Council’s 2023 conclusions on the ICC, stressing: “The Council calls upon all states to ensure full cooperation with the court, including by the prompt execution of outstanding arrest warrants.”

His remarks came after Netanyahu’s aircraft flew through the airspace of Greece, Italy, and France, all states parties to the Rome Statute, while traveling to Washington, DC, on Monday, according to Flightradar data.

The flight closely mirrored the routes taken during Netanyahu’s previous visits to the United States on Dec. 28, 2025, and Feb. 10.

During a trip to New York in September 2025, his aircraft crossed Greek and Italian airspace but did not enter French airspace.

The ICC has issued arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant over alleged war crimes and crimes against humanity committed during Israel’s attacks in Gaza.

Obligations under the Rome Statute to cooperate, including the duty to arrest ICC fugitives, generally arise when the individual is physically present within a state party’s land territory or other areas subject to its territorial jurisdiction.

However, the statute does not expressly address whether these obligations extend to the overflight of a state’s territory by an aircraft carrying a suspect sought by the ICC.