An Israeli government Boeing 767 carrying Prime Minister Benjamin Netanyahu overflew Newfoundland and Nova Scotia en route to Washington, D.C., prompting questions over whether Canada granted airspace access to a leader wanted by the International Criminal Court. According to the government of Israel, officials sought permission from Canada for the entry, though an Israeli spokesperson did not respond to questions regarding whether that permission was granted.
Canadian Airspace Sovereignty and the International Criminal Court Warrant
The International Criminal Court issued an arrest warrant for Benjamin Netanyahu on Nov. 21, 2024, for alleged war crimes and crimes against humanity in Gaza, including murder, persecution, and using starvation as a method of warfare. Prime Minister Mark Carney and his predecessor, Justin Trudeau, have both previously stated that Canada would arrest Netanyahu if he entered the country.
Audrey Champoux, spokesperson for the Prime Minister’s Office, declined to state whether Canada had granted overflight permission. However, she noted that “Canada does not currently link its overflight policy to law enforcement objectives except where an imminent security risk is present. This policy is regularly reviewed,” according to her statement provided to CBC News.
Did you know? Canadian sovereign territory extends upward through national airspace, which has no legal limit in terms of altitude but is typically held to reach the Kármán line at 100 kilometres above sea level where outer space begins.
Global Affairs Canada Response and Legal Analysis
Charlotte MacLeod, spokesperson for Global Affairs Canada, stated that the country remains committed to international law. “Canada is committed to upholding international law and the decisions of international judicial bodies,” MacLeod told CBC News, adding that Canada must comply with its obligations as a State Party to the Rome Statute.
Despite this position, Global Affairs Canada declined to confirm whether permission was granted, stating it does not comment on the routes chosen by foreign states. Mark Kersten, who teaches international law at the University of the Fraser Valley, argued that airspace management is not solely up to the discretion of visiting leaders. “As a matter of law, it isn’t up to Benjamin Netanyahu to choose where he gets to fly,” Kersten said.
Kersten warned that allowing the overflight sets a dangerous precedent regarding national sovereignty. “It is our airspace. We have sovereign rights over that airspace. And whether it’s Netanyahu, or a Russian spy plane—and especially at a time when our sovereignty is being consistently called into question by the United States—it’s critical that we defend our sovereignty,” Kersten stated.
Flight Routes and Advance Notification Protocols
Government of Canada protocols require foreign state aircraft to submit operations applications at least 72 hours before entering national airspace. Prior flights by the Israeli prime minister took evasive routes over the Mediterranean and Atlantic oceans to avoid certain European and Canadian airspace entirely, such as a flight on Sept. 25, 2025. However, subsequent flights on Dec. 29, 2025, and Feb. 10 of this year traversed multiple Canadian provinces, including Newfoundland, Nova Scotia, Prince Edward Island, and New Brunswick.
Because Israel has only confirmed requesting permission without verifying receipt, legal analysts suggest two possibilities: Canada refused permission and Israel violated airspace anyway without public response, or tacit approval was given. Kersten noted that Canada’s legal obligations require that individuals accused of war crimes face shrinking options for international travel.
Frequently Asked Questions
Did Canada arrest Benjamin Netanyahu?
No. The Israeli prime minister’s aircraft overflew Canadian airspace en route to the United States but did not land on Canadian soil.
What is Canada’s official stance on the ICC arrest warrant?
Global Affairs Canada stated that the country is committed to upholding international law and its obligations as a State Party to the Rome Statute of the International Criminal Court.
Did Israel receive permission to enter Canadian airspace?
The Israeli government stated it sought permission, but neither Israeli officials nor the Prime Minister’s Office confirmed whether authorization was formally granted.
Stay Informed on International Law and Diplomacy
Subscribe to our newsletter for ongoing updates on geopolitical developments, legal analysis, and sovereign airspace regulations.
Related reading