ICC says arrest warrants for Netanyahu remain in force, dismisses Jerusalem’s appeal

The International Criminal Court (ICC) in The Hague announced on Monday that its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant remain in place. The ICC thereby dismissed Israel’s appeal concerning the "Principle of Complementarity."

The decision was made by a narrow majority of three judges in favor of maintaining the arrest warrants and two judges opposed. However, the decision, which was issued by the ICC’s Appeals Chamber, is considered final. 

The Israeli Foreign Ministry blasted the ICC’s latest ruling as “another example of the ongoing politicization of the International Criminal Court,” stressing that the court’s conduct during the Hamas-initiated Gaza war reflects “politics disguised as ‘international law.’”

The Israeli Foreign Ministry emphasized that it “rejects the Appeals Chamber’s decision, adopted by a razor-thin majority, to deny Israel its right to prior notification as required under the principle of complementarity, particularly with respect to a democratic state with an independent and robust judicial system.” 

It added that “the court’s [decision shows] blatant disregard for the sovereign rights of non-party states, as well as its own obligations under the Rome Statute.”

Israel argued in its appeal to the court that the ICC prosecutor should give the state in question the possibility to investigate the alleged conduct by itself in accordance with the Rome Statute’s Principle of Complementarity.

Israel, which is not a member of the ICC, has accused the world court of violating its right as a sovereign country to independently probe alleged crimes. 

In 2024, ICC Chief Prosecutor Karim Khan formally announced arrest warrants for Netanyahu and Gallant on allegations of war crimes. Seeking to project impartiality, Khan also issued largely symbolic arrest warrants for senior Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, all of whom are no longer alive. Israel, the United States, and other Western powers strongly rejected the ICC’s move, accusing it of creating a false symmetry between the democratic State of Israel and the genocidal terrorist organization Hamas.

Meanwhile, Khan is facing charges from several female employees for sexual misconduct. Facing charges that risk ruining his professional career, Khan reportedly filed the arrest warrants against Israeli leaders to “turn nations against Israel” and distract the international community from the assault claims against him. 

Last month, Israel called for Khan's removal from his position due to a conflict of interest and the sexual misconduct charges.

The Foreign Ministry in Jerusalem confirmed last month that Israel filed “a request to disqualify the Court's Prosecutor, Mr. Karim Khan, from involvement in proceedings concerning Israel.” 

“Additionally, Israel requests that the Court cancel the baseless arrest warrants issued by the Prosecutor against the Prime Minister, Mr. Benjamin Netanyahu, and the former Minister of Defense, Mr. Yoav Gallant,” the foreign ministry added.

In August, three families of Israeli hostages formally filed a $5.9 million lawsuit against Khan, accusing the ICC and the chief prosecutor of assisting the terrorist organization Hamas. 

“The International Criminal Court has become a branch of Hamas,” stated Nitsana Darshan-Leitner, founder and president of Shuran-HaDin Israel Law Center, the NGO that legally represents the families. 

“Through its direct actions, it has given the terror murderers tremendous backing,” she continued. “Khan’s goal is to prevent Israel from achieving the war’s objectives – the destruction of Hamas and the release of the hostages – by portraying it (Israel) as a criminal state."