ICC Rejects Israel’s Plea to Void Arrest Warrants for Netanyahu and Gallant Amid War Crimes Probe

The International Criminal Court has dismissed Israel’s request to cancel arrest warrants for Prime Minister Netanyahu and ex-Defense Minister Gallant, reinforcing its controversial Gaza war crimes investigation.

In a decision drawing sharp criticism from Jerusalem and its allies, the International Criminal Court (ICC) in The Hague announced Wednesday that it will not withdraw or suspend the arrest warrants sought for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The court also rejected Israel’s appeal to pause its broader investigation into alleged war crimes in Gaza.

The ICC pre-trial chamber declared there is currently “no legal basis” to revoke or nullify the warrants, despite the ongoing challenge to the court’s jurisdiction. Israel had argued that, as a non-signatory to the Rome Statute, the ICC lacked authority over its leaders and military operations. However, the chamber ruled that “the impact of Israel’s jurisdiction challenge… can only be determined” after a full ruling on the jurisdictional matter—essentially dismissing Israel’s demand to delay proceedings until that ruling is made.

This rebuke follows a previous decision by the ICC Appeals Chamber instructing the pre-trial panel to re-examine Israel’s jurisdictional objections. Nonetheless, Wednesday’s ruling made clear that such a review does not pause or invalidate the arrest warrants already in process.

The warrants stem from explosive charges brought by South Africa, accusing Israel of genocide and crimes against humanity during its military campaign in Gaza—launched in response to the October 7, 2023 Hamas terror attacks, in which over 1,200 Israelis were brutally murdered and more than 250 taken hostage.

Israel, the United States, and several Western leaders have condemned the ICC’s move as politically motivated. The Trump administration last month imposed fresh sanctions on four ICC judges, while also designating Chief Prosecutor Karim Khan on the U.S. sanctions list—freezing his assets and barring his entry into the country.

European responses remain fractured. German Chancellor Friedrich Merz signaled that Netanyahu would still be welcome in Berlin, while France argued he has immunity as the sitting head of state. Italy also dismissed the feasibility of enforcing an arrest while Netanyahu remains in office. Hungary went further—lashing out at the court’s actions and announcing plans to formally withdraw from the ICC.

The court’s ruling raises the stakes for Israel and its top leadership, as the controversial legal proceedings continue to ripple across international diplomacy and test the legitimacy of global legal institutions.

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