Appellate judges at the embattled International Criminal Court on Monday rejected Israel’s attempt to block an investigation into alleged Israeli war crimes committed during the Gaza genocide.
The ICC Appeals Chamber dismissed an Israeli challenge to the assertion that the October 7, 2023, attacks and subsequent war on Gaza were part of the same ongoing “situation” under investigation by the Hague-based tribunal since 2021. Israel argued they were separate matters that required new notice; however, the ICC panel found that the initial probe encompasses events on and after October 7.
The ruling—which focuses on but one of several Israeli legal challenges to the ICC—comes amid the tribunal’s investigation into an Israeli war and siege that have left at least 250,000 Palestinians dead, maimed, or missing and 2 million more displaced, starved, or sickened.
The probe led to last year’s ICC arrest warrants for Israeli Prime Minister Benjamin Netanyhau and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity, including murder and forced starvation. The ICC also issued warrants for the arrest of three Hamas commanders—all of whom have since been killed by Israel.
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Israel and the United States, neither of which are party to the Rome Statute governing the ICC, vehemently reject the tribunal’s investigation. In the US—which has provided Israel with more than $21 billion in armed aid as well as diplomatic cover throughout the genocide—the Trump administration has sanctioned nine ICC jurists, leaving them and their families “wiped out socially and financially.”
The other Hague-based global tribunal, the International Court of Justice, is currently weighing a genocide case against Israel filed in December 2023 by South Africa and backed by more than a dozen nations, as well as regional blocs representing dozens of countries.
University of Copenhagen international law professor Kevin Jon Heller—who is also a special adviser to the ICC prosecutor on war crimes—told Courthouse News Service that “the real importance of the decision is that it strongly implies Israel will lose its far more important challenge to the court’s jurisdiction over Israeli actions in Palestine."
Although Israel is not an ICC member and does not recognize its jurisdiction, Palestine is a state party to the Rome Statute, under which individuals from non-signatory nations can be held liable for crimes committed in the territory of a member state.
The Israeli Foreign Ministry condemned Monday’s decision, calling it “yet another example of the ongoing politicization of the ICC and its blatant disregard for the sovereign rights of non-party states, as well as its own obligations under the Rome Statute.”
The Council on American-Islamic Relations (CAIR), a Washington, DC-based advocacy group, welcomed the ICC decision.
“This ruling by the International Criminal Court affirms that no state is above the law and that war crimes must be fully and independently investigated," CAIR said in a statement. "Accountability is essential for justice, for the victims, and survivors, and for deterring future crimes against humanity.”
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