The Hague – The International Criminal Court’s (ICC) appeals chamber has dismissed Israel’s attempt to invalidate arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Israeli defence minister Yoav Gallant, marking a significant step in the ongoing Palestine investigation.
Israel had argued that the ICC’s probe into events following the 7 October 2023 Hamas-led attacks constituted a “new situation” under the Rome Statute, requiring the prosecutor to issue a fresh notification under Article 18(1). This provision obliges the prosecutor to inform states concerned when an investigation is opened, allowing them to demonstrate that they are already investigating the matter domestically.
The appeals judges rejected Israel’s claim, ruling that the post-October 2023 developments fall within the scope of the original 2021 investigation notice. That probe was launched after Palestine’s referral in 2018, and Israel chose not to respond at the time, maintaining that the ICC lacked jurisdiction over its nationals.
Legal experts noted that Israel’s position shifted only after the prosecutor sought arrest warrants for Netanyahu and Gallant in November 2024.
Kevin Jon Heller, professor of international law at the University of Copenhagen and special advisor to the ICC prosecutor, remarked: “Israel only cares about Art. 18(1) now because the Prosecutor did what Israel was sure he wouldn’t: actually seek arrest warrants for high-ranking government officials.”
Heller praised the chamber’s ruling, writing on X: “Kudos to the Appeals Chamber for seeing through Israel’s baseless arguments and dismissing the appeal. Kudos also for being brave enough to follow the law and reject Israel’s appeal.”
The ICC’s investigation into the war crimes in Gaza and the occupied Palestinian territories has drawn international attention, particularly after seven additional referrals were submitted in late 2023 by South Africa, Bangladesh, Comoros, Bolivia, Djibouti, Chile and Mexico. These reinforced calls for accountability under international law.
Had Israel’s appeal succeeded, the arrest warrants would have been invalidated, forcing the prosecutor to restart the notification process.
Instead, the ruling confirms that the warrants remain in effect, leaving Israel the option to invoke the principle of complementarity by demonstrating that it is conducting its own investigations into Netanyahu and Gallant.
The case has already provoked geopolitical repercussions. The United States imposed sanctions on ICC chief prosecutor Karim Khan, his deputies, and judges involved in issuing the warrants, underscoring the political sensitivities surrounding the court’s actions.
Observers say the ruling strengthens the ICC’s authority and signals its determination to pursue accountability despite political pressure. It also raises questions about how Israel and its allies will respond as the investigation continues.
Sources: Al Jazeera, The Guardian, Reuters, Middle East Eye
