ICC Issues Arrest Warrants for Netanyahu and Gallant Over Gaza War Crimes

The Pre-Trial Chamber I of the International Criminal Court (ICC) today unanimously issued two decisions rejecting the appeals filed by the Zionist entity under Articles 18 and 19 of the Rome Statute, and issued arrest warrants for both Netanyahu and former Zionist war Minister Yoav Gallant.

The Chamber ruled on two applications filed by the occupying State on 26 September, in which the Zionist entity challenged the Court’s jurisdiction over the situation in the State of Palestine in general, and over  Zionists more specifically, on the basis of Article 19(2) of the Statute.

In the second application, the Zionist entity asked the Chamber to order the Prosecution to submit a new notification of the commencement of an investigation to its authorities under Article 18(1) of the Statute. The Zionist also requested the Chamber to stay any proceedings before the Court in the relevant situation, including the consideration of the requests for arrest warrants for Benjamin Netanyahu and Yoav Galant, submitted by the Prosecution on 20 May 2024.

Commenting on the two requests, the Chamber stated that the Zionist entity’s acceptance of the Court’s jurisdiction was not required, as the Court could exercise its jurisdiction on the basis of the territorial jurisdiction of Palestine, as determined by Pre-Trial Chamber I in a previous configuration.

Furthermore, the Chamber considered that under Article 19(1) of the Statute, States are not entitled to challenge the Court’s jurisdiction under Article 19(2) before an arrest warrant has been issued, and that the Zionist entity’s challenge was therefore premature, without prejudice to any potential future challenges to the Court’s jurisdiction and/or the admissibility of any particular case.

The Chamber also rejected Zionist request under Article 18(1) of the Statute. It noted that the Prosecution notified the zionist entity of the commencement of the investigation in 2021. At that time, and despite a request for clarification from the Prosecution, the Zionist entity chose not to pursue any request to postpone the investigation.

The Chamber also considered that the criteria for investigating the situation remained the same, and as a result, there was no need for a new notification to the Zionist entity. In light of this, the judges found that there was no reason to stop considering the requests for arrest warrants.

The Chamber issued arrest warrants against Netanyahu and Galant, on charges of crimes against humanity and war crimes since at least October 8, 2023, until May 20, 2024, the day on which the State Prosecution filed the requests for the issuance of arrest warrants.

The Chamber considered that the alleged conduct of both Netanyahu and Galant falls within the Court’s jurisdiction. The Chamber noted that it had previously determined that the Court’s jurisdiction in this case applies to Gaza and the West Bank, including East Jerusalem.