The International Criminal Court (ICC) in The Hague announced Wednesday its rejection of Israel’s request to withdraw or vacate the arrest warrants sought for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, JNS reports.
The court also dismissed Israel’s separate plea to suspend its investigation into alleged war crimes in Gaza. Israel had argued for a suspension until the court first settles the question of its jurisdiction, citing its non-party status to the Rome Statute, which established the ICC.
In a decision published by its pre-trial chamber on Wednesday, the court asserted, “There is no legal basis for withdrawing, vacating or declaring them of no force or effect at this point in time.”
The chamber further clarified, “The impact of Israel’s jurisdiction challenge on the warrants, if any, is something that can only be determined when the chamber will have ruled on the substance thereof.”
This ruling comes despite an April decision by the ICC Appeals Chamber mandating the pre-trial chamber to review Israel’s challenge to the court’s jurisdiction. Israel has maintained that the ICC has not definitively proven its jurisdiction, thereby rendering the arrest warrants illegal.
The pre-trial chamber, however, stated in its latest ruling that the mere act of reviewing their prior decision does not invalidate the warrants.
The ICC’s actions stem from allegations of “genocide” and other crimes against humanity brought by South Africa against Israel. These accusations arise from the Jewish state’s ongoing military efforts in the Gaza Strip, aimed at defeating Hamas following the terror group’s brutal massacre in southern Israel on October 7, 2023.
The Trump administration last month imposed sanctions on four judges at the ICC over what it called the court’s “illegitimate actions” targeting the United States and Israel.
In February, US President Donald Trump issued an executive order imposing sanctions on the ICC.
A week later, the US announced it had added Karim Khan, the ICC Chief Prosecutor, to its Specially Designated Nationals and Blocked Persons List, actively sanctioning him and freezing all his assets in the US.
In Europe, there have been differing interpretations among countries on how to handle the warrants against Netanyahu and Gallant.
German Chancellor Friedrich Merz has indicated a fundamental willingness to permit Netanyahu to visit Germany despite the warrant.
France has stated that Netanyahu has immunity from ICC actions because Israel has not ratified the court’s statutes. Similarly, Italy has argued that arresting Netanyahu would not be feasible while he remains in office as Israel's Prime Minister.
Hungary denounced the ICC arrest warrant and later announced that it would withdraw from the ICC altogether.
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