Israel has formally requested judges at the International Criminal Court (ICC) to revoke arrest warrants against Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
This request comes as the ICC is set to review challenges raised by Israel regarding the court’s jurisdiction over alleged war crimes committed during the Gaza conflict.
According to documents published on the ICC website on 9 May, Israel has also called for the suspension of the prosecution’s ongoing investigation into alleged atrocity crimes in the Palestinian Territories.
The documents, dated 9 May and signed by Israeli Deputy Attorney General Gilad Noam, outline Israel’s stance that the ICC does not hold jurisdiction over the situation in Gaza.
ICC arrest warrants
The ICC initially issued arrest warrants on 21 November 2023 for Prime Minister Netanyahu, former Defence Minister Yoav Gallant, and Hamas leader Ibrahim al-Masri. The warrants relate to alleged war crimes and crimes against humanity committed during the Gaza conflict.
However, in February 2024, the ICC announced that it had withdrawn the arrest warrant for al-Masri, also known as Mohammed Deif, after receiving credible reports confirming his death.
Israel continues to contest the warrants against Netanyahu and Gallant, maintaining that the court lacks jurisdiction and denying the occurrence of war crimes in Gaza.
Israel has consistently rejected the ICC’s authority, particularly concerning the Gaza conflict.
In April 2024, the ICC’s appeals chamber ruled that the pre-trial chamber judges who issued the warrants must reassess Israel’s objections regarding jurisdiction and the validity of the arrest warrants.
While the appeals chamber ordered a review of Israel’s claims, it did not specify the format or timeline for the process. As such, it remains uncertain when a decision will be made concerning Israel’s request to cancel the warrants and suspend the investigation.
Israel’s official stance is grounded in its long-standing position that the ICC does not have the authority to prosecute Israeli officials, as the state does not recognise the court’s jurisdiction.
The Gaza war, characterised by intense conflict between Israeli forces and Hamas militants, has drawn global scrutiny and allegations of human rights violations on both sides.
Political context
The ongoing legal battle between Israel and the ICC underscores broader political tensions surrounding accountability for the Gaza conflict. Israeli officials have repeatedly condemned the ICC’s involvement, calling it politically motivated and alleging bias against Israel.
While Israel’s challenge to the ICC’s jurisdiction is not unprecedented, the request to withdraw arrest warrants against sitting government officials marks a significant escalation.
Analysts suggest that the outcome of the jurisdictional review could have broader implications for the ICC’s ability to investigate alleged crimes in conflict zones, particularly where state cooperation is contested.
As of now, the ICC has not indicated when the pre-trial chamber will complete the review or whether it will ultimately support Israel’s position. The lack of clear deadlines contributes to uncertainty about the status of the warrants and the broader investigation.
Human rights groups continue to advocate for thorough investigations into alleged crimes committed during the Gaza conflict. Meanwhile, Israel remains firm in its rejection of the charges and the court’s authority, with legal experts anticipating prolonged legal proceedings.
Israel’s war on Gaza has resulted in the deaths of at least 52,862 Palestinians and left 119,648 wounded, according to Gaza’s Health Ministry.
The Government Media Office has updated the death toll to over 61,700, noting that thousands of people still missing under the rubble are presumed dead.
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