Israel Appeals ICC Arrest Warrants for Netanyahu and Gallant

Israel has filed two appeals against the International Criminal Court (ICC) following the issuance of arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The appeals, submitted on Friday by Dr. Gilad Noam from the Attorney General’s Office, argue that serious procedural flaws marred the court’s decision.

The first appeal challenges the ICC's failure to issue a new notification regarding its investigation into the war in Gaza following Hamas’s October 7 attack. Israel argues that ICC Prosecutor Karim Khan should have notified the country of an updated investigation, rather than relying on a notification from 2021. Israel contends that the investigation, which has now shifted its focus to the current Gaza conflict, significantly differs from the earlier one and warrants a new notification under the Rome Statute's principle of “complementarity.”

The second appeal focuses on Israel’s objection to the ICC’s jurisdiction over its citizens. Israel maintains that the ICC has no authority to prosecute Israeli nationals, arguing that the court overlooked its earlier ruling from 2021 regarding the “State of Palestine.” The Oslo Accords, Israel asserts, explicitly deny Palestinian authorities legal jurisdiction over Israeli nationals, and as such, the Palestinians never had the right to transfer jurisdiction to the ICC in the first place.

The arrest warrants were issued on November 21, 2023, based on allegations of war crimes and crimes against humanity related to Israel’s conduct in Gaza. Specifically, Netanyahu and Gallant are accused of ordering attacks on Gaza’s civilian population and using starvation as a method of warfare by blocking humanitarian aid. Additionally, they are charged with crimes against humanity for alleged murders, persecution, and inhumane acts stemming from restrictions on humanitarian aid flow.

Israel strongly denies these allegations, stating that it has facilitated significant amounts of humanitarian aid to Gaza, and blaming aid distribution problems on the inefficiency of humanitarian organizations, the ongoing conflict, and the looting of aid by Hamas.

Legal and Diplomatic Context

The ICC's Pre-Trial Chamber I ruled that the investigation had not changed significantly enough to require a new notification, but Israel argues that the allegations now under investigation differ fundamentally from those in 2021. Moreover, Israel claims that the court's refusal to allow it to challenge its jurisdiction improperly deprived the country of the right to contest the basis for the arrest warrants.

The case underscores ongoing tensions between Israel and international legal institutions regarding jurisdiction and accountability for actions in Gaza. The appeals will be closely watched, as they could have significant implications for the future of ICC proceedings involving Israeli officials.