By On Friday, Israel officially announced its opposition to the jurisdiction of the International Criminal Court (ICC) following a request from the court’s prosecutor for arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. The Israeli Foreign Ministry’s appeal challenges both the authority of the ICC and the legality of the proposed arrest warrants.
In a statement, ministry spokesperson Oren Marmorstein detailed that Israel had submitted two separate legal briefs to the ICC. The first brief contended that the ICC lacks jurisdiction over the case involving Israel, while the second accused the prosecutor of violating the court’s own statutes by failing to allow Israel the opportunity to conduct its own investigation before issuing arrest warrants. Marmorstein emphasized that Israel argued this approach breached the principle of complementarity, which allows a state to handle legal matters internally before the ICC intervenes.
Marmorstein also noted that a variety of leading nations, organizations, and legal experts worldwide share Israel’s position regarding the ICC’s jurisdiction and procedures.
In May, ICC prosecutor Karim Khan requested the issuance of arrest warrants for Netanyahu and Gallant on allegations of committing crimes against humanity in Gaza. Since that request, Khan has sought twice—most recently in August—to expedite the issuance of these warrants. If the warrants are approved, Netanyahu and Gallant would face travel restrictions to any of the 124 ICC member countries that adhere to the court’s rulings.
Israel has consistently refused to recognize the ICC’s jurisdiction. The court, established in 2002, accepted Palestine as a member in 2015, further complicating the dynamics of international legal proceedings involving Israel.
The backdrop to these developments includes Israel’s ongoing military offensive in Gaza, which has continued despite a United Nations Security Council resolution calling for an immediate cease-fire. Since the Hamas attack on October 7, nearly a year ago, Israeli strikes have resulted in over 41,000 deaths, predominantly among women and children, while injuring more than 95,500 individuals, according to local health authorities. The conflict has displaced nearly the entire population of Gaza, exacerbated by a blockade that has led to dire shortages of food, clean water, and medical supplies.
