Israel argues that The Hague has no jurisdiction over its citizens
The International Criminal Court (ICC) Appeals Chamber has instructed a lower panel to reconsider Israel’s objections to the court’s jurisdiction over arrest warrants issued for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, according to a ruling published on Thursday.
Last November, the ICC issued arrest warrants for Netanyahu and Gallant for allegedly committing grave atrocities, including the use of starvation as a method of warfare, during Israel’s military campaign in Gaza launched in response to a deadly 2023 raid by the Palestinian militant group Hamas.
Israel, which is not a signatory to the Rome Statute, argued that the court lacks jurisdiction over its nationals. At the time, the ICC’s Pre-Trial Chamber dismissed Israel’s objections – filed before the warrants were issued – as premature.
However, the Appeals Chamber has now determined that the lower panel “committed an error of law” by failing to adequately address Israel’s arguments, and has remanded the matter for a new ruling.
The directive does not annul the existing warrants but requires the Pre-Trial Chamber to reevaluate the substance of Israel’s jurisdictional objections.
Israeli officials have welcomed the Appeals Chamber’s decision – but criticized it for refusing to suspend the arrest warrants immediately. Foreign Minister Gideon Saar stated on X that the arrest warrants were issued unlawfully and are “null and void.”
“We said it from the start: The International Criminal Court in The Hague (ICC) doesn’t have, and never had, jurisdiction to issue arrest warrants against Israel’s Prime Minister and its former Minister of Defense,” Saar wrote.
Israel’s UN Ambassador Danny Danon accused the ICC of acting “as a political tool serving Israel’s enemies.”
“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, although the timeline for the reconsideration has not been specified. The court had also issued an arrest warrant for Hamas military leader Mohammed Deif for alleged war crimes, which was withdrawn in February 2025 following confirmation of his death.
