Israel on Friday announced its formal opposition to the jurisdiction of the International Criminal Court (ICC) after the court’s prosecutor requested arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
The Israeli Foreign Ministry appeal challenges both the authority of the court and the legality of the arrest warrants.
In a statement, ministry spokesperson Oren Marmorstein said: “The State of Israel submitted today its official challenge to the ICC’s jurisdiction, as well as the legality of the Prosecutor’s requests for arrest warrants against Israel’s Prime Minister and Minister of Defense.”
The ministry outlined two separate legal briefs that were submitted to the ICC. The first focused on what Israel called the “ICC’s manifest lack of jurisdiction” over the case involving Israel.
The second accused the ICC prosecutor of violating the court’s own statute by failing to allow Israel to do its own investigation before proceeding with arrest warrants.
According to Marmorstein, Israel argued that the prosecutor breached the principle of complementarity, which allows a state the opportunity to handle legal proceedings internally before the ICC intervenes.
“A variety of leading states (including ICC state parties), organizations, and legal experts from around the world, share the positions presented by Israel in these matters,” claimed Marmorstein.
Warrants executable in 124 countries
Karim Khan, the ICC prosecutor, requested in May that the court issue arrest warrants for Netanyahu and Gallant on suspicion of committing crimes against humanity in Gaza.
Since then, Khan has requested twice, most recently in August, for the court to expedite the issuance of the warrants.
If the warrants are issued, Netanyahu and Gallant would be unable to travel to any of the 124 member countries of the ICC, where its rulings are binding, so long as the countries in question abide by the ruling.
Israel does not recognize the ICC’s jurisdiction. The court, established in 2002, accepted Palestine as a member in 2015.
The ICC is an independent international body not affiliated with the UN or any other global body.
Flouting a UN Security Council resolution calling for an immediate cease-fire, Israel has continued a brutal offensive on Gaza since a Hamas attack last Oct. 7.
Over the course of nearly a year, Israeli attacks have killed over 41,000 people, mostly women and children, and injured over 95,500, according to local health authorities.
The Israeli onslaught has displaced almost the entire population of the territory amid an ongoing blockade that has led to severe shortages of food, clean water, and medicine.
Israel also faces accusations of genocide for its actions in Gaza at the International Court of Justice.
