Netanyahu Flies Over Canadian Airspace Despite ICC Arrest Warrant on September 25

Israeli Prime Minister Benjamin Netanyahu flew over Canadian airspace on Thursday, September 25, en route to address the UN General Assembly in New York, despite facing an International Criminal Court arrest warrant issued in November 2024 for alleged war crimes in Gaza. Canada granted permission for the overflight, raising legal questions about the country’s obligations as an ICC member state. Foreign Affairs Minister Anita Anand said she checked with her department about the flyover after learning of it at UN headquarters.

Why Canada allowed the overflight despite the warrant

As an ICC member, Canada is legally required to arrest people wanted by the court when they are in its territory. However, foreign dignitaries must request permission from Ottawa three working days before flying through Canadian airspace, and Canadian authorities decide whether to grant it in consultation with air traffic officials. Legal experts have criticized Canada for allowing Netanyahu’s plane to traverse Canadian airspace on previous occasions since the arrest warrant was issued. Mark Kersten, a University of the Fraser Valley professor specializing in the ICC, noted that the court has interpreted “territory” in other cases to include airspace and territorial seas, meaning Canada may have a legal duty to prevent such overflights.

Netanyahu’s route avoided some ICC member states

Flight tracker data shows Netanyahu’s government aircraft, the Wing of Zion, crossed Greece, Italy, France and Canada on Thursday before heading to New York. France defended allowing the overflight, stating that the Rome Statute, the ICC’s founding treaty, does not impose obligations regarding overflights by state planes carrying ICC-wanted passengers. The U.S., where Netanyahu ultimately landed, does not recognize the ICC warrant and has not indicated it will arrest him.

Canada’s conflicting positions on enforcement

Prime Minister Mark Carney stated in October that Netanyahu would be arrested if he entered Canada, yet the government granted permission for the Thursday overflight. Anand would not say Wednesday whether Canada views Netanyahu as a war criminal, only that Canada respects decisions of international courts. The contradiction has sparked public debate across Canada about whether the country is fulfilling its legal obligations under the Rome Statute.

The broader ICC enforcement challenge

Netanyahu’s repeated overflights of ICC member states since November 2024 highlight a wider enforcement gap. All EU countries, along with Canada, are ICC members and legally obliged to enforce warrants. Yet none have arrested Netanyahu or prevented his travel through their airspace. The situation underscores tensions between international law obligations and diplomatic considerations, particularly given strong U.S. support for Israel and President Trump’s stated opposition to Netanyahu’s arrest.

Final Thoughts

Netanyahu’s Thursday overflight exposes a gap between Canada’s legal obligations as an ICC member and its diplomatic practice. With Carney’s October pledge to arrest Netanyahu if he entered Canada contradicted by the airspace permission, the government faces mounting pressure from legal experts and the public to clarify its enforcement stance.

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