A senior aide to Netanyahu told The Times of Israel on Thursday that the Polish government must first address the legal concerns surrounding the ICC’s warrant before any potential trip is considered.

The aide said: “We’ll look into [coming] if we receive an invitation. For now, it’s not in the program.”

The ICC issued arrest warrants for Netanyahu and former Israeli defense chief Yoav Gallant on November 21, 2024, accusing them of war crimes and crimes against humanity related to Israel’s ongoing military actions in Gaza.

The charges include the use of starvation as a weapon of war, murder, and persecution as crimes against humanity.

As a signatory to the Rome Statute, which governs the ICC’s jurisdiction, Poland is legally obligated to comply with the Court’s arrest warrants.

This creates a complex legal and diplomatic situation ahead of the January 27 ceremony at Auschwitz-Birkenau, the Nazi death camp where more than 1.1 million people, predominantly Jews, were killed during the Holocaust.

Polish President Andrzej Duda earlier requested that Prime Minister Donald Tusk ensure Netanyahu’s safety at the event.

Tusk responded by saying that Netanyahu would not face arrest if he attended the ceremony.

The Polish government subsequently passed a resolution guaranteeing the Israeli leader’s safe passage but refrained from addressing the ICC warrants directly.

The decision ignited protests across the country with over 2,300 people signing a petition calling for the equal application of international law.

In a mass demonstration in the Polish capital Warsaw on Friday, Emil Al Khawaldeh, a Polish-Palestinian activist told TVP World: “Instead of standing up for the rule of law, the Polish government has chosen to break international legal obligations and welcome a war criminal in the land where one of the most tragic events in human history took place.”

The Israeli education ministry has since said that the nation would be represented by its head Yoav Kisch.