ICC Rejects New Israeli Appeal, Confirms Continuation of Gaza War Crimes Investigation
Appeals judges uphold jurisdiction over post–7 October crimes; arrest warrants against Netanyahu and Gallant remain in force
The Hague, PUREWILAYAH.COM — Judges at the International Criminal Court (ICC) on Monday rejected a new appeal submitted by “Israel” seeking to halt the Court’s investigation into the conduct of its war on the Gaza Strip, reaffirming that the probe into alleged war crimes and crimes against humanity will continue.
In their ruling, the appeals judges dismissed Israel’s request to overturn a lower chamber decision confirming that the Prosecutor’s investigation—within the Court’s jurisdiction—may include events that occurred after the 7 October 2023 attack.
Investigation Continues, Arrest Warrants Remain Valid
The decision means that the ICC investigation remains active and that the arrest warrants issued last year against Israeli Prime Minister Benjamin Netanyahu and former Minister of War Yoav Gallant remain in force.
Israel continues to reject the jurisdiction of the ICC in The Hague and denies committing war crimes in Gaza.
In October last year, the ICC had already rejected—for the second time—an Israeli appeal challenging the arrest warrants issued against Netanyahu and Gallant.
ICC Jurisdiction Over Palestine Reaffirmed
On 5 February 2021, the ICC ruled that Palestine is a State Party to the Rome Statute, and that the Court’s territorial jurisdiction extends to the occupied Palestinian territories, including Gaza and the West Bank, occupied since 1967.
Subsequently, on 3 March 2021, the Office of the Prosecutor formally announced the opening of an investigation into the situation in Palestine.
Despite this, Israel lodged a jurisdictional objection on 23 September 2024, invoking Article 19(2) of the Rome Statute. That objection has now been effectively dismissed by the Appeals Chamber.
On 21 November 2024, the ICC’s Pre-Trial Chamber I issued arrest warrants against Netanyahu and Gallant on charges of war crimes and crimes against humanity.
Gaza After Two Years of War and Destruction
A ceasefire agreement entered into force on 10 October last year, following two years of Israeli war on Gaza that devastated approximately 90 percent of the Strip’s infrastructure.
The conflict also led to a severe deterioration in living conditions, driven by restricted humanitarian aid, continued siege, and widespread destruction—conditions that form a central part of the ICC’s ongoing investigation.
With the Appeals Chamber’s latest ruling, the Court has reaffirmed that no political pressure or repeated legal challenges will suspend accountability, and that the investigation into crimes committed in Gaza will proceed under international law. (PW)
Brilliant coverage of how the Appeals Chamber closed that jurisdictional loophole. What gets overlooked is the Feb 2021 ruling didnt just affirm Palestine's statehood for ICC purposes, it created binding precendent that later appeals cant erase through procedural objections. I remeber following a similar case with Darfur where jurisdictional delays stretched on for years. The real test will be enforcement tho since arrest warrants without cooperation from member states become symbolic gestures rather than actual accountability mechanisms.