The International Criminal Court’s (ICC) Appeals Chamber on Monday dismissed Israel’s appeal challenging the legality of investigating alleged war crimes in Gaza committed after October 7, 2023. Israel had argued that the investigation was invalid and that the prosecutor should have issued a new notice following recent referrals. The chamber ruled that the post-October 7 incidents fall under the original 2021 notification, confirming that no new notice was required.
The decision preserves the arrest warrants issued in November 2023 against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. Legal experts, including Professor Kevin Jon Heller of the University of Copenhagen, welcomed the ruling, noting that Israel could have exercised its complementarity rights but chose not to. The United States has already imposed sanctions on ICC officials involved in the case, including the chief prosecutor and two deputy prosecutors.
The ruling marks a significant step forward for the ICC’s ongoing investigation into alleged war crimes in Palestine, potentially intensifying diplomatic tensions between Israel, the ICC, and its Western allies.