Israel argues that The Hague has no jurisdiction over its citizens
The ICC’s Appeals Chamber has directed a lower court to re-evaluate Israel’s challenges to the ICC’s authority regarding arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, based on a published decision on Thursday.
Last November, the ICC issued arrest warrants for Netanyahu and Gallant, alleging they committed serious offenses, including using starvation as a weapon of war, during Israel’s military operation in Gaza, which was a response to a deadly 2023 attack by Hamas.
Israel, not a party to the Rome Statute, contended that the court does not have jurisdiction over its citizens. The ICC’s Pre-Trial Chamber initially dismissed Israel’s objections, which were submitted before the warrants were issued, deeming them premature.
However, the Appeals Chamber has now concluded that the lower court made a “committed an error of law” by not adequately addressing Israel’s arguments, and has sent the matter back for a new decision.
“The decision to revisit the question of jurisdiction exposes the lack of legitimacy behind the political arrest warrants,” Danon said, according to a statement from his office. “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 reviewing the decision. A timeline for the reconsideration has not been provided. The court had also issued an arrest warrant for Hamas military leader Mohammed Deif for alleged war crimes, which was withdrawn in February 2025 following confirmation of his death.