ICC rejects Israeli appeal against arrest warrants for Netanyahu and Gallant
Judges declare that ‘the issue, as framed by Israel, is not appealable,’ as they weigh separate challenge by Jerusalem over jurisdiction
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The International Criminal Court Friday rejected Israel’s bid to appeal against arrest warrants issued by the ICC for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant over the war with Hamas in Gaza.
In a ruling that made headlines around the world, the ICC in November found “reasonable grounds” to believe Netanyahu and Gallant bore “criminal responsibility” for alleged war crimes and crimes against humanity in Gaza.
The ICC also issued arrest warrants for three top leaders from the Palestinian terror movement Hamas for organizing the October 7, 2023, attack that started the Gaza war but dropped these after they were separately killed by Israel.
The warrants against Netanyahu and Gallant sparked outrage in Israel and also in the United States, which has since slapped sanctions on top ICC officials.
Netanyahu described it as an “antisemitic decision” and then-US president Joe Biden slammed it as “outrageous.”
Israel had asked the court in May to dismiss the warrants while it weighed a separate challenge over whether the ICC had jurisdiction in the case.
The court rejected this on July 16, saying there was “no legal basis” for quashing the warrants while the jurisdiction challenge was pending.
A week later, Israel asked for leave to appeal that ruling, but judges ruled on Friday that “the issue, as framed by Israel, is not an appealable issue.”
“The chamber therefore rejects the request,” said the ICC in a complex, 13-page ruling.
ICC judges are still weighing the wider Israeli challenge over jurisdiction.
When the court originally issued the arrest warrants in November, it simultaneously rejected an Israeli appeal against its jurisdiction.
However, in April, the ICC’s Appeals Chamber ruled the Pre-Trial Chamber was wrong to dismiss the challenge and ordered it to look again in detail at Israel’s arguments.
It is not clear when it will hand down a ruling on that issue.
Times of Israel staff contributed to this report.
The Times of Israel Community.