Overview

• On July 7, France, Italy and Greece permitted Israeli Prime Minister Benjamin Netanyahu’s state plane to overfly their airspace en route to Washington despite his ICC arrest warrant.
• The Rome Statute obliges member states to arrest individuals indicted by the ICC if present on their territory, but its language is silent on overflight rights.
• France and Italy have defended their decision by invoking head-of-state immunity, a position dismissed by the ICC and leading legal authorities.
• UN Special Rapporteur Francesca Albanese publicly demanded answers, warning that authorizing passage of a Hague-wanted figure undermines the rule of law.
• International law scholars highlight that while the Tokyo Convention permits states to force landings to detain wanted persons, it does not require such action during overflights.