ICC Defies Israel, Upholds Warrants for Netanyahu and Gallant
The International Criminal Court has rejected Israel’s bid to suspend arrest warrants against Prime Minister Netanyahu and former Defense Minister Gallant, upholding charges of war crimes in Gaza and affirming its jurisdiction over Palestine.
Twitter
The International Criminal Court (ICC) dismissed Israel’s request to suspend or vacate arrest warrants issued against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza.
The court’s Pre-Trial Chamber I also rejected Israel’s plea to pause its investigation into the situation in Palestine, ruling that the requests lack legal grounding.
The warrants, issued on November 21, 2024, accuse Netanyahu and Gallant of crimes from October 8, 2023, to at least May 20, 2024, including the war crime of starvation as a method of warfare and crimes against humanity such as murder, persecution, and inhumane acts.
A warrant was also issued for Hamas military commander Mohammed Deif for crimes tied to the October 7, 2023, attack on Israel, but it was canceled in January 2025 after Hamas confirmed his death in a July 2024 Israeli airstrike.Israel, a non-ICC member, argued the court lacks jurisdiction over its nationals, citing the Oslo Accords and claiming the Palestinian Authority cannot delegate authority to the ICC. Israel also sought a new investigation notification to pursue domestic probes.
The ICC upheld its jurisdiction over Gaza, Judea and Samaria and East Jerusalem, noting Palestine’s membership since 2015, and deferred jurisdictional debates to later proceedings.Israel’s government called the decision “antisemitic” and “absurd,” with Netanyahu likening it to a “modern Dreyfus trial.”
Hamas welcomed the warrants as a step toward justice but sought broader enforcement support. The Biden administration labeled the warrants “outrageous,” rejecting ICC jurisdiction and sanctioning ICC officials, including Chief Prosecutor Karim Khan, in June 2025. EU foreign policy chief Josep Borrell and nations like Jordan and Canada backed the ICC’s independence, with the Netherlands affirming it would arrest Netanyahu if he entered its territory.
The warrants limit Netanyahu and Gallant’s travel to the ICC’s 124 member states, potentially straining Israel’s diplomatic ties and arms transfers. Human rights groups like Human Rights Watch praised the decision as a move toward accountability. The ICC’s ongoing investigation may lead to further warrants, including against other Israeli officials for settlement activities, amid heightened U.S.-Israel tensions and stalled ceasefire talks.