Protests against Netanyahu in a rally supporting hostage deal, 15 February 2025.
Protests against Netanyahu in a rally supporting hostage deal, 15 February 2025.Chenspec, Wikimedia Commons.

ICC Addresses Israel’s Challenge to Netanyahu Arrest Warrant

Appeals Chamber Orders Jurisdiction Review but Maintains Warrants

The International Criminal Court (ICC) Appeals Chamber has directed a lower panel to reassess Israel’s objections to the court’s jurisdiction over arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The warrants, issued on November 21, 2024, allege war crimes and crimes against humanity, including the use of starvation as a method of warfare during Israel’s military operations in Gaza following the 2023 Hamas attack.

Jurisdictional Dispute

Israel, a non-signatory to the Rome Statute, contends that the ICC lacks authority over its citizens. The Appeals Chamber ruled that the ICC’s Pre-Trial Chamber erred by dismissing Israel’s jurisdictional objections as premature, mandating a new review.

However, the decision does not suspend the existing warrants, which remain in effect pending the reconsideration.

The ICC Prosecutor’s Office acknowledged the ruling and is reviewing the decision, though no timeline for the jurisdictional reevaluation has been announced.

The court also previously issued a warrant for Hamas military leader Mohammed Deif, which was withdrawn in February 2025 after his death was confirmed.

Mass graves found in Jabalia refugee camp after IDF withdrew from the camp in June 2024.
Mass graves found in Jabalia refugee camp after IDF withdrew from the camp in June 2024.Hossam Shabat, Wikimedia Commons. Retrieved from: [[File:Mass graves found in Jabalia camp, june 2024 (2).jpg|Mass_graves_found_in_Jabalia_camp,_june_2024_(2)]]

Israeli Response

Israeli officials welcomed the opportunity to challenge the ICC’s jurisdiction but criticized the court for not immediately halting the warrants.

Foreign Minister Gideon Saar declared on X, “We said it from the start: The International Criminal Court in The Hague (ICC) doesn’t have, and never had, jurisdiction to issue arrest warrants against Israel’s Prime Minister and its former Minister of Defense.” Saar labeled the warrants “null and void.”

Israel’s UN ambassador, Danny Danon, added, “The decision to revisit the question of jurisdiction exposes the lack of legitimacy behind the political arrest warrants.”

He accused the ICC of serving as “a political tool serving Israel’s enemies” and vowed that Israel would continue to defend itself.

Path to Accountability

The jurisdictional review will examine the ICC’s authority to prosecute crimes in Palestinian territories, a matter tied to ongoing debates over sovereignty.

For now, the warrants against Netanyahu and Gallant stand, signaling hope for accountability as Palestinians seek justice for war crimes.

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