Netanyahu continues to fly through Canadian airspace despite ICC arrest warrant

Israeli Prime Minister Benjamin Netanyahu has routinely flown through Canadian airspace on trips to the United States over the past two years, despite an International Criminal Court arrest warrant issued against him for alleged war crimes. Canada has been criticized for permitting these overflights, which some international law experts say breach the country's obligations under the Rome Statute. The federal government's explanation for allowing the flights has shifted, while other countries have taken varying stances on whether the warrant applies to sovereign airspace. Flight tracking data shows Netanyahu's plane has crossed over Labrador, Quebec, Newfoundland and Nova Scotia on multiple occasions since the warrant was issued in November 2024.

Netanyahu's most recent overflight occurred on Sept. 24, when he travelled to the United Nations General Assembly in New York. His government jet, known as the Wing of Zion, crossed Labrador and a large part of Quebec, marking its deepest incursion into the Canadian mainland since the warrant was issued. The day before Netanyahu landed, Canadian Foreign Affairs Minister Anita Anand told reporters outside UN headquarters that she did not know whether he would cross Canada. "I actually have asked my department to provide me with information relating to this particular flyover, which I did not have before coming to the United Nations," Anand said.

Under Canadian protocol rules, Netanyahu would have had to seek permission for that flight from Anand's department at least two days before her remarks. Myah Tomasi of Global Affairs Canada later said the authorization was granted out of respect for the traditions of the United Nations. "Any authorization to pass through Canadian airspace should not be interpreted as an endorsement of the policies or actions of any particular government," she said. Tomasi added that the overflight request was connected to the UN General Assembly, a critical forum for diplomatic engagement.

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This stance contrasts with Netanyahu's flight to the UN General Assembly last year, when his plane clearly avoided Canadian airspace. However, on July 27 of this year, when travelling to a meeting with U.S. President Donald Trump at the Oval Office, Netanyahu's Boeing 767-300 crossed Newfoundland and Nova Scotia. The Israeli Embassy told CBC News it had sought permission from the Carney government for that July flight. Following that flight, Prime Minister's Office spokesperson Audrey Champoux said "Canada does not currently link its overflight policy to law enforcement objectives except where an imminent security risk is present."

Ardi Imseis, co-director of the international law program at Queen's University, argues Canada is violating its commitments. "Canada is a state party to the Rome Statute of the International Criminal Court, which requires it to arrest and surrender any person who is subject to an arrest warrant issued by the court," Imseis told CBC News. "Canada has therefore breached its obligations as a state party to the Rome Statute by allowing Netanyahu to enter Canadian airspace en route to the United States." The ICC warrant, issued in November 2024, alleges war crimes including "starvation as a method of warfare" and "intentionally directing an attack against the civilian population." The Israeli government rejects the charges.

The legal obligation to enforce the warrant in airspace is debated internationally. European countries appear split on the issue. France, which has also allowed Netanyahu to fly through its airspace, has stated it will enforce ICC arrest warrants but argues it has no obligation to do so in the air. French Foreign Ministry spokesperson Pascal Confavreux said after a recent Netanyahu flight that "the Rome Statute does not impose any obligations regarding overflights of its territory by a state plane which has a passenger who is targeted by an arrest warrant." Italy and Greece have also permitted overflights but declined to explain their legal reasoning.

Other countries have taken a stricter approach. Slovenia and Turkey have publicly stated their airspaces are closed to the Israeli leader. In cases such as Spain, no formal ban has been announced but Netanyahu's jet has made clear detours to avoid the airspace. Flight data suggests Netanyahu's concerns about international travel risks peaked in late 2025, when his flight to New York burned considerable extra fuel to avoid the European mainland, staying mostly over Mediterranean waters before entering the Atlantic Ocean through the Strait of Gibraltar.

Netanyahu's first flight of the Carney era was in July 2025, carrying him to Washington to meet Trump and members of Congress. On that occasion, the Wing of Zion skirted just outside Canadian airspace off Newfoundland. The flight prior to that, in February 2025, was Netanyahu's first visit to the U.S. after the issuance of his arrest warrant and occurred while Justin Trudeau was still prime minister. Trudeau had committed to enforce the ICC warrant without specifying whether that applied to Canada's airspace. Prime Minister Carney later made a similar commitment. A Global Affairs Canada spokesperson told CBC News that "Canada's position remains that, as a state party to the Rome Statute of the International Criminal Court, it must comply with its obligations under the statute and under international law."

With files from CBC News