‘Denied’ – ICC Upholds Arrest Warrants for Netanyahu, Gallant in Genocide Probe
The ruling, issued by Pre-Trial Chamber I on Wednesday, reaffirms the court’s jurisdiction and signals a significant legal setback for the Israeli leadership.
The International Criminal Court (ICC) has firmly rejected Israel’s bid to annul arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, simultaneously dismissing Israel’s request to suspend the ongoing investigation into alleged crimes in the occupied Palestinian territories.
The ruling, issued by Pre-Trial Chamber I on Wednesday, reaffirms the court’s jurisdiction and signals a significant legal setback for the Israeli leadership.
Israel had submitted a dual request to the ICC on May 9, 2025, according to the Anadolu Agency. The first sought the withdrawal, cancellation, or invalidation of the arrest warrants, while the second called for the suspension of the prosecutor’s investigation into the situation in Palestine. Both requests were unequivocally dismissed.
Denied
Central to Israel’s argument was the contention that the ICC lacks jurisdiction over crimes committed in the Palestinian territories. However, the court’s judges, in their decision, explicitly rejected this argument, reiterating previous rulings that establish its jurisdiction.
They further clarified that an Appeals Chamber decision from April 24, 2025, could not be interpreted as undermining the court’s authority in this regard, Anadolu reported.
The ICC emphasized that a suspension of the investigation is only applicable when a state formally challenges the admissibility of a case under Article 19(7) of the Rome Statute. The judges noted that Israel had not filed such a challenge concerning admissibility, thus leaving no legal ground for suspension.
Moreover, the court also denied Israel’s request to prevent Palestine from presenting its views, stating that the court already possessed sufficient information and did not require additional submissions. This underscores the ICC’s confidence in its established understanding of the facts and legal framework surrounding the case.
Background
The ICC’s assertion of jurisdiction over Palestine dates back to a February 5, 2021, ruling, which declared Palestine a State Party to the Rome Statute. This decision extended the court’s jurisdiction to Gaza and the West Bank, including East Jerusalem, territories that have been under Israeli occupation since 1967. The formal investigation by the ICC Office of the Prosecutor into the situation in Palestine commenced on March 3, 2021.
The arrest warrants for Netanyahu and Gallant were originally issued on November 21, 2024, citing alleged war crimes and crimes against humanity. A warrant for a Hamas leader, Ibrahim al-Masri (also known as Mohammed Deif), was also issued at that time but was later withdrawn in February following credible reports of his death, as reported by Reuters.
Israel has consistently rejected the jurisdiction of the Hague-based court and denies any war crimes in Gaza, claiming that its military campaign is aimed at eliminating the Palestinian resistance group, Hamas.
The Israeli genocide, however, has killed and wounded nearly 200,000 people, mostly civilians. Over 14,000 people remain missing.
The decision comes amidst international scrutiny and diplomatic tensions. In an unprecedented move in June, the United States imposed sanctions on four ICC judges, two of whom were part of the panel that ruled to reject Israel’s latest request, according to Reuters.
(PC, Anadolu)