Flight data indicates that Israeli Prime Minister Benjamin Netanyahu’s official aircraft, the “Wing of Zion,” crossed the airspace of three International Criminal Court (ICC) member states—Greece, Italy, and France—on Tuesday, February 10, 2026.
This journey to Washington occurred despite an outstanding ICC arrest warrant issued against him more than a year ago.
The incident highlights a significant tension between international legal obligations and the practicalities of diplomatic overflight.
Background on Netanyahu’s arrest warrant
The ICC issued the arrest warrant for Netanyahu on November 21, 2024, following an extensive investigation by Chief Prosecutor Karim Khan. The court found “reasonable grounds” to believe Netanyahu and former Defense Minister Yoav Gallant bear criminal responsibility for War Crimes and Crimes against Humanity.
The warrant was a historic milestone, marking the first time the ICC has targeted the leader of a Western-backed democracy. While Israel and its allies, particularly the United States, have rejected the court’s jurisdiction as “outrageous” and “antisemitic,” all 125 signatories to the Rome Statute are technically legally bound to cooperate with the court’s orders.
The airspace controversy
Under international law, the obligations of member states regarding airspace are more nuanced than those on the ground.
While Article 89 of the Rome Statute mandates that member states arrest and surrender individuals on their territory, it does not explicitly define “overflight” by a state aircraft (which carries sovereign immunity) as a trigger for arrest unless a landing—scheduled or unscheduled—occurs.
Shift in travel strategy
The route taken this week mirrors a trip in late December 2025 and represents a shift in Netanyahu’s travel security strategy. Previously, the Prime Minister’s flights had taken significant detours to avoid “unfriendly” ICC member states. For instance, during a trip to the UN General Assembly in September 2025, his flight avoided French airspace entirely, lengthening the journey by several hours.
However, his recent use of Greek, French, and Italian corridors suggests a calculated assessment that these specific allies—despite being Rome Statute signatories—will not take the extraordinary step of intercepting a foreign leader’s aircraft in flight.
Netanyahu’s arrival in Washington for talks with President Donald Trump marks his first major diplomatic mission of 2026. The discussions are expected to focus heavily on the “Iranian threat” and regional security following recent indirect talks in Oman.
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