ICC rejects Israel’s appeal as arrest warrants for Netanyahu, Gallant remain in force

The International Criminal Court (ICC) in The Hague has rejected an appeal by the Israeli government against arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

The Appeals Chamber ruled by a majority of three judges to two to uphold the warrants, meaning they remain legally valid. The two officials are accused of committing war crimes during the military offensive in the Gaza Strip.

Israel filed the appeal after the court decided to open a preliminary investigation into Israel’s war on Gaza following the Hamas-led attack on southern Israel on 7 October 2023. The court based its decision on the principle of complementarity, which allows the ICC to act only when a state is unable or unwilling to prosecute suspects through its own legal system.

In its appeal, Israel argued that the Office of the Prosecutor was required to inform the government in advance about the opening of the investigation. According to Israel, this would have allowed the authorities to address the allegations internally.

The court rejected this argument, ruling that prior notification was not required at this stage of the legal proceedings.