ICC Addresses Appeal Concerning Netanyahu Arrest Warrant
<b>Israel contends that The Hague lacks jurisdiction over its citizens</b> The Appeals Chamber of the International Criminal Court (ICC) has directed a lower panel to reassess Israel’s objections regarding the court’s jurisdiction over the...
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Israel contends that The Hague lacks jurisdiction over its citizens
The Appeals Chamber of the International Criminal Court (ICC) has directed a lower panel to reassess Israel’s objections regarding the court’s jurisdiction over the arrest warrants issued for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, according to a ruling released on Thursday.
Last November, the ICC issued arrest warrants against Netanyahu and Gallant for allegedly committing serious atrocities, including the use of starvation as a weapon of warfare, during Israel's military operations in Gaza. These operations were a response to a deadly raid by Hamas in 2023.
As Israel is not a signatory to the Rome Statute, it claims that the ICC lacks authority over its nationals. Previously, the ICC’s Pre-Trial Chamber dismissed Israel’s pre-warrant objections, labeling them as premature.
However, the Appeals Chamber has now found that the lower panel “committed an error of law” by not sufficiently addressing Israel’s jurisdictional arguments and has sent the matter back for reconsideration.
While the directive does not invalidate the existing warrants, it mandates the Pre-Trial Chamber to reassess the merits of Israel’s claims regarding jurisdiction.
Israeli officials have expressed approval of the Appeals Chamber’s decision, though they criticized it for not immediately suspending the arrest warrants. Foreign Minister Gideon Saar remarked on X that the warrants were issued unlawfully and are “null and void.”
“We said it from the start: The International Criminal Court in The Hague doesn’t have, and never had, jurisdiction to issue arrest warrants against Israel’s Prime Minister and its former Minister of Defense,” Saar wrote.
Israel’s UN Ambassador Danny Danon accused the ICC of functioning “as a political tool serving Israel’s enemies.”
“The decision to revisit the question of jurisdiction exposes the lack of legitimacy behind the political arrest warrants,” Danon stated. “Israel will continue to defend itself, in coordination with its partners, and will not remain silent in the face of such hypocrisy.”
The ICC Prosecutor’s Office has acknowledged the Appeals Chamber’s ruling and is currently evaluating the decision, but has not provided a timeline for the reconsideration. Additionally, the court had previously issued an arrest warrant for Hamas military leader Mohammed Deif for alleged war crimes, which was rescinded in February 2025 after confirmation of his death.
Aarav Patel for TROIB News
The Appeals Chamber of the International Criminal Court (ICC) has directed a lower panel to reassess Israel’s objections regarding the court’s jurisdiction over the arrest warrants issued for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, according to a ruling released on Thursday.
Last November, the ICC issued arrest warrants against Netanyahu and Gallant for allegedly committing serious atrocities, including the use of starvation as a weapon of warfare, during Israel's military operations in Gaza. These operations were a response to a deadly raid by Hamas in 2023.
As Israel is not a signatory to the Rome Statute, it claims that the ICC lacks authority over its nationals. Previously, the ICC’s Pre-Trial Chamber dismissed Israel’s pre-warrant objections, labeling them as premature.
However, the Appeals Chamber has now found that the lower panel “committed an error of law” by not sufficiently addressing Israel’s jurisdictional arguments and has sent the matter back for reconsideration.
While the directive does not invalidate the existing warrants, it mandates the Pre-Trial Chamber to reassess the merits of Israel’s claims regarding jurisdiction.
Israeli officials have expressed approval of the Appeals Chamber’s decision, though they criticized it for not immediately suspending the arrest warrants. Foreign Minister Gideon Saar remarked on X that the warrants were issued unlawfully and are “null and void.”
“We said it from the start: The International Criminal Court in The Hague doesn’t have, and never had, jurisdiction to issue arrest warrants against Israel’s Prime Minister and its former Minister of Defense,” Saar wrote.
Israel’s UN Ambassador Danny Danon accused the ICC of functioning “as a political tool serving Israel’s enemies.”
“The decision to revisit the question of jurisdiction exposes the lack of legitimacy behind the political arrest warrants,” Danon stated. “Israel will continue to defend itself, in coordination with its partners, and will not remain silent in the face of such hypocrisy.”
The ICC Prosecutor’s Office has acknowledged the Appeals Chamber’s ruling and is currently evaluating the decision, but has not provided a timeline for the reconsideration. Additionally, the court had previously issued an arrest warrant for Hamas military leader Mohammed Deif for alleged war crimes, which was rescinded in February 2025 after confirmation of his death.
Aarav Patel for TROIB News
