Anand to see if Netanyahu is crossing Canadian airspace with arrest warrant in effect

In November 2024, the International Criminal Court issued an arrest warrant for Netanyahu for alleged war crimes in the Gaza Strip.

Netanyahu is set to visit New York on Thursday. Prime Minister Mark Carney said in October that the Israeli leader will be arrested if he enters Canada.

Foreign dignitaries need to request permission from Ottawa three working days before flying through Canadian airspace. Canadian authorities decide whether to give permission for flyovers, in consultation with air traffic officials.

Permission generally includes the duty to assist aircraft that require an emergency landing.

Legal experts have criticized Canada for allowing Netanyahu’s plane to traverse Canadian airspace on previous occasions since the arrest warrant was issued. The U.S. does not recognize that warrant.

Mark Kersten, a University of the Fraser Valley professor who specializes in the International Criminal Court, noted in July that the ICC requires member states to arrest people facing ICC warrants when they are in their territories. He noted that the court in unrelated cases has interpreted “territory” as including airspace and territorial seas.

“Respect for the ICC — and the dignity of the victims of atrocity perpetrators — as well as self-respect for state sovereignty, surely demands that states act to prevent suspects from flying over their territory,” Kersten wrote.

Anand would not say Wednesday whether Canada sees Netanyahu as a war criminal.

“Our position is … to respect decisions of international courts and … to support, at all times, people who are suffering, including in Gaza and Palestine and the West Bank, and to ensure that crimes against humanity are addressed as such,” she said.

“We have strong views relating to suffering that has occurred and invasions.”

While Ottawa has supported Israel’s fight against Hezbollah, which it considers a terrorist group, it has expressed alarm over Israel’s invasion of Lebanon.

Netanyahu is expected to make a short visit to New York to address the UN. New York Mayor Zohran Mamdani said he wanted the Israeli leader arrested for his treatment of Palestinians in Gaza but he has no such authority.

The Trump administration has for the second year in a row denied Palestinian President Mahmoud Abbas a visa. Abbas is instead is addressing the UN through a video link.

The hosting agreement the United States has with the UN requires Washington to allow diplomats from all member nations to attend UN meetings.

Carney has accused Netanyahu’s government of failing to prevent a humanitarian crisis in the Gaza Strip by repeatedly restricting the delivery of essential aid to Palestinians, and through attacks on civilians. Israel has insisted those attacks targeted Hamas operatives.

The Israeli government has said Canada is undermining peace in the region through its growing criticism of the country, its withdrawal of support in United Nations votes and its formal recognition of a Palestinian state.

Israeli officials have called on Ottawa to instead focus on tackling a rise in antisemitic acts in Canada.

This report by The Canadian Press was first published Sept. 23, 2026.

— With files from The Associated Press

Note to readers:This is a corrected story. An earlier version misspelled the first name of New York City Mayor Zohran Mamdani.