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The Polish president is trying get govt agreement to allow #Netanyahu to visit PL on 27 Jan 2025 [1] for the 80th anniversary of the #LiberationOfAuschwitz [2] without being arrested; the govt made a formal resolution hinting it would allow the visit without an arrest - but without naming Netanyahu or stating immunity explicitly. The #ICC reminded PL of its legal obligations [3].
[2] https://en.wikipedia.org/wiki/Liberation_of_Auschwitz_concentration_camp
@boud So much for judicial independence!
I hope ICC is making arrangements for the neighbouring countries to deny airspace.
@nemobis PL legal scholars seem to be unanimous that Chapter 66e of PL Criminal Procedure Law [4] would have to be followed. An international treaty is legally higher than a Cabinet resolution. Articles 611g–611s define the ICC cooperation procedures (Minister of Justice/prosecutor/detention/local court/transfer). The Min of Justice #AdamBodnar has a good reputation for independence and restoring the #RuleOfLaw is his main mission [5].
[4] https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu19970890555
@boud Who's the prosecutor? Do they have sufficient resources? Legal procedures aside, they'd probably need to prepare for a Sigonella scenario https://en.wikipedia.org/wiki/Crisis_of_Sigonella . The arrestee probably has means to escape through US Air Force, so the prosecutor would need to at least take over Łask Air Base (as well as any civilian or military airstrip big enough for USAF aircraft to land), and find a way to prevent escape by helicopter to, say, Ukraine...
@nemobis There would certainly be the risk of a political–legal–police–US-special-forces–diplomatic confrontation + amplifying local anti-genocide protests [6]. I'm sure that the Tusk govt is aware of the huge risks of Netanyahu visiting - whether he's detained or not, either way would be politically and legally costly to the government. My guess is that the Tusk govt is doing all it can behind the scenes to discourage N from visiting.