THE HAGUE, November, 21, 2024 (WAFA) – The Pre-Trial Chamber I of the International Criminal Court (ICC) today unanimously issued two decisions rejecting the appeals filed by the occupying State of Israel under Articles 18 and 19 of the Rome Statute, and issued arrest warrants for both Prime Minister Benjamin Netanyahu and former "Defense" Minister Yoav Gallant.
The Chamber ruled on two applications filed by the occupying State on 26 September, in which Israel challenged the Court’s jurisdiction over the situation in the State of Palestine in general, and over Israeli citizens more specifically, on the basis of Article 19(2) of the Statute.
In the second application, Israel asked the Chamber to order the Prosecution to submit a new notification of the commencement of an investigation to its authorities under Article 18(1) of the Statute. Israel also requested the Chamber to stay any proceedings before the Court in the relevant situation, including the consideration of the requests for arrest warrants for Benjamin Netanyahu and Yoav Galant, submitted by the Prosecution on 20 May 2024.
Commenting on the two requests, the Chamber stated that Israel’s acceptance of the Court’s jurisdiction was not required, as the Court could exercise its jurisdiction on the basis of the territorial jurisdiction of Palestine, as determined by Pre-Trial Chamber I in a previous configuration.
Furthermore, the Chamber considered that under Article 19(1) of the Statute, States are not entitled to challenge the Court’s jurisdiction under Article 19(2) before an arrest warrant has been issued, and that Israel’s challenge was therefore premature, without prejudice to any potential future challenges to the Court’s jurisdiction and/or the admissibility of any particular case.
The Chamber also rejected Israel’s request under Article 18(1) of the Statute. It noted that the Prosecution notified Israel of the commencement of the investigation in 2021. At that time, and despite a request for clarification from the Prosecution, Israel chose not to pursue any request to postpone the investigation.
The Chamber also considered that the criteria for investigating the situation remained the same, and as a result, there was no need for a new notification to the State of Israel. In light of this, the judges found that there was no reason to stop considering the requests for arrest warrants.
The Chamber issued arrest warrants against Netanyahu and Galant, on charges of crimes against humanity and war crimes since at least October 8, 2023, until May 20, 2024, the day on which the State Prosecution filed the requests for the issuance of arrest warrants.
The Chamber considered that the alleged conduct of both Netanyahu and Galant falls within the Court’s jurisdiction. The Chamber noted that it had previously determined that the Court’s jurisdiction in this case applies to Gaza and the West Bank, including East Jerusalem.
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