Israel has formally requested that the International Criminal Court (ICC) withdraw arrest warrants issued against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, while the court considers Israel’s challenge to its jurisdiction over alleged war crimes committed during the Gaza war.
In a 14-page submission dated May 9 and published on the ICC website Monday, Israel argued that the arrest warrants were invalid as long as the court was reviewing its jurisdiction in the matter.
The ICC had issued the warrants on November 21, 2024, for Netanyahu, Gallant, and senior Hamas commander Ibrahim al-Masri (a.k.a. Mohammed Deif), citing suspected war crimes and crimes against humanity related to the ongoing war.
In February, the ICC confirmed it had withdrawn the warrant against al-Masri after receiving credible reports of his death.
Israel, which does not recognize the ICC’s authority and is not one of the ICC’s 125 members, denies committing war crimes in Gaza and is actively contesting the legal basis for the warrants targeting its leaders.
“Unless and until the Pre-Trial Chamber has ruled on the substance of the jurisdiction challenge… the prerequisite jurisdictional finding does not exist,” Israel’s representatives argued, adding, “It follows that the arrest warrants issued on November 21, 2024 must be withdrawn or vacated pending the Pre-Trial Chamber’s determination of Israel’s jurisdictional challenge.”
In April, the ICC’s appeals chamber directed the pre-trial chamber judges to reassess Israel’s objections concerning both the court’s jurisdiction and the legitimacy of the arrest warrants.
