ICC responds to appeal of Netanyahu arrest warrant

The Appeals Chamber of the International Criminal Court (ICC) has formally instructed the lower Pre-Trial Chamber to reconsider Israel’s objections regarding the court’s jurisdiction over arrest warrants issued for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The ruling, published on Thursday, marks a significant legal development in the ongoing dispute surrounding the ICC’s authority to prosecute high-ranking Israeli officials for alleged war crimes.

In November 2024, the ICC issued arrest warrants against Netanyahu and Gallant, accusing them of committing grave atrocities, including the use of starvation as a method of warfare, during Israel’s extensive military campaign in Gaza. The operation was launched in response to a deadly 2023 cross-border raid carried out by the Palestinian militant group Hamas, which killed hundreds of Israeli civilians and soldiers.

Israel, which has never ratified the Rome Statute that created the ICC, has consistently argued that the court lacks jurisdiction to investigate or prosecute Israeli citizens. The Israeli government maintains that Palestine, the territory where the alleged crimes occurred, is not a sovereign state capable of conferring jurisdiction to the ICC.

Also Read: United States Cuts Cybersecurity Assistance to Ukraine

Initially, the ICC’s Pre-Trial Chamber dismissed Israel’s jurisdictional objections as premature, choosing not to halt the issuance of the arrest warrants. However, the Appeals Chamber has now determined that the Pre-Trial Chamber “committed an error of law” by failing to properly and fully consider Israel’s legal arguments before proceeding.

In its decision, the Appeals Chamber emphasized that Israel’s objections raised serious and substantial legal questions that should have been addressed prior to the issuance of the warrants. As a result, it has remanded the matter back to the Pre-Trial Chamber for a comprehensive and thorough review.

The ICC has faced increased international scrutiny over its decision to pursue Israeli leaders, with some nations accusing the court of politicizing its mandate. Meanwhile, human rights organizations have welcomed the arrest warrants, arguing that accountability is crucial for protecting civilian populations in conflict zones.

The upcoming reconsideration could have wide-ranging implications not only for Netanyahu and Gallant but also for the future reach of the ICC, particularly regarding cases involving individuals from non-member states.

Both Prime Minister Netanyahu and former Defense Minister Gallant have dismissed the ICC proceedings as illegitimate, and Israel has vowed to resist any attempts to enforce the arrest warrants on its territory or abroad.

The Pre-Trial Chamber’s new ruling on Israel’s jurisdictional challenge is expected to be closely watched by legal experts, governments, and international organizations worldwide as the case moves forward.