Poland’s Netanyahu decision averts crisis but harms its international credibility

Poland ensures Benjamin Netanyahu won’t face arrest during Auschwitz anniversary, avoiding a symbolic crisis, but publicising the move raises questions about its commitment to international law.

By ensuring that Israeli Prime Minister Benjamin Netanyahu would not face arrest during a visit to Auschwitz, Poland has averted what would have been an unthinkable diplomatic and symbolic crisis. However, the public handling of the issue and the legal compromises involved risk tarnishing Warsaw’s credibility and complicating its international standing.

The issue came to a head this week when President Andrzej Duda pushed PM Donald Tusk to guarantee that Netanyahu could attend the 80th anniversary of Auschwitz’s liberation without trouble.

Netanyahu, wanted by the ICC, put Poland in a tough spot as an ICC member. Rather than quietly resolving the issue, Prime Minister Donald Tusk’s government rushed out a cabinet resolution promising “free and safe access” for Netanyahu and other Israeli officials for the day of the event only.

The resolution turned out to be unnecessary. Netanyahu’s advisers later confirmed he had no plans to attend. Instead, Israel’s education minister Yoav Kisch represented the country, leaving Poland looking chaotic and over-eager.

The government’s logic was simple: don’t upset the Trump administration or Israel during a sensitive moment. But by ignoring its ICC obligations, Poland risks looking like a country that picks and chooses when to follow the law. The issue could have been resolved quietly, but making it public has left Poland looking awkward and unprepared.

Critics say Poland’s decision undermined the ICC’s authority. As a court member, Poland is supposed to enforce its warrants, not find ways around them. Piotr Hofmański, a former ICC president, slammed the move, saying it made Poland look unreliable. Worse, it handed ammunition to those who claim the ICC only targets weaker states while powerful allies get a pass.

The timing couldn’t be worse. Poland’s calls for holding Vladimir Putin accountable for war crimes in Ukraine now seem hypocritical. If Netanyahu gets special treatment, why not Putin? South Africa, facing similar ICC obligations, refused to host Putin at a G20 summit. Poland’s willingness to bend the rules in this case could weaken its stance against Russian aggression.

Diplomatically, Poland’s choice was about appeasing the US. Trump’s administration strongly backs Israel. A fight over the ICC warrant would have created unwanted tensions. But in the process, Poland may have alienated its European allies. Critics have rightly asked how Poland can demand global support for Ukraine while flouting international law itself.

At home, the backlash was immediate. Opposition politicians slammed the government for chaotic decision-making. Reports suggest ministers had little time to review the resolution, which promised “free and safe access” for Israeli officials, including Netanyahu, on the day of the Auschwitz anniversary events. Some coalition members were uneasy about the decision, citing concerns over its rushed and public nature. The rushed and clumsy approach made an embarrassing situation worse.

The whole episode underscores Poland’s growing struggle to balance its principles with political reality. Protecting Netanyahu may have seemed like a smart move at the time, but it has left Warsaw looking inconsistent and reactive. Worse, it was for nothing as Netanyahu was never going to show up.

Poland’s credibility depends on its commitment to international norms. As a country that relies on these norms to push back against Russia, it cannot afford to be seen as selective about when it follows them.

The damage from this decision may linger, raising questions about whether Poland can balance its strategic goals with its legal commitments. Right now, it doesn’t look like it.

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