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ICC Appeals Judges Order Reexamination of Israel’s Jurisdiction Challenge

The decision calls for a new ruling on Israel’s objection to the court’s authority, while arrest warrants for Netanyahu and Gallant remain in effect.

The International Criminal Court building is seen in The Hague, Netherlands, January 16, 2019. REUTERS/Piroschka van de Wouw/File photo

Overview

  • The International Criminal Court appeals panel ruled that pretrial judges erred in dismissing Israel’s jurisdiction challenge under the Rome Statute.
  • Pretrial judges have been instructed to issue a new ruling on whether the ICC has authority over alleged crimes in Gaza and the West Bank.
  • Arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, issued in November 2023, remain active.
  • The warrants accuse Netanyahu and Gallant of crimes against humanity, including the use of starvation as warfare and targeting civilians during the Gaza conflict.
  • Israel, which is not a member of the ICC, continues to reject the court’s jurisdiction, calling the warrants unlawful and invalid.