Watan-On Thursday, the International Criminal Court (ICC) rejected a request by Israel to suspend the execution of arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant (2022–2024), who are wanted for crimes against humanity and war crimes against Palestinians in the Gaza Strip.
Israel had submitted the request in light of its appeal challenging the ICC’s jurisdiction. However, the Appeals Chamber found the request “pointless” due to the lack of a legal basis and therefore dismissed it, according to a statement published on the ICC’s website Thursday evening.
The court stated: “The Appeals Chamber rejected Israel’s request to suspend the execution of the arrest warrants and any other related legal proceedings due to a lack of merit.”
ICC Upholds Arrest Warrants for Netanyahu and Gallant Amid Legal Challenges
It added that the Appeals Chamber decided to “overturn the challenged decision” and referred the matter back to the Pre-Trial Chamber to issue a new ruling regarding Israel’s objection to jurisdiction.
This rejection marks a significant development in the case, demonstrating the court’s determination to continue legal proceedings despite Israel’s challenges.
On November 21, 2024, the ICC issued arrest warrants for Netanyahu and Gallant, accusing them of crimes against humanity and war crimes against Palestinians in Gaza.
Two Palestinian legal experts argued that the arrest warrants cannot be annulled, as the crimes are ongoing and the evidence remains valid.
Arrest Warrants Cannot Be Canceled
Basel Mansour, a professor of international law at An-Najah University in Nablus, stated that the ICC “has taken steps to ensure international justice proceeds, but arrest warrants cannot be canceled.”
He added that “the cancellation of arrest warrants for Netanyahu and Gallant is legally impermissible under the ICC’s founding statute.”
Citing Article 58 of the Rome Statute, he emphasized that there is no justification for lifting the warrants, as the crimes are ongoing and evidence is intact.
Mansour also noted that Israel cannot appeal the warrants, as it lacks any legal grounds to overturn them.
He stressed that “the ICC’s rejection of Israel’s request places responsibility on all 123 member states to enforce the arrest warrants should the accused enter their territories.”
He added that failure to enforce the warrants is more of a political issue than a legal one, as some states seek to appease Israel.
Mansour called for increased diplomatic and political efforts by Arab and Palestinian actors, along with international cooperation, to strengthen and enforce the court’s decision.
Jurisdiction Challenge
Legal expert Hassan Breijieh explained that the ICC’s latest decision does not cancel the arrest warrants but opens a legal door for Rome Statute signatory states to use the ongoing jurisdiction debate as a procedural excuse not to enforce them—at least until a new ruling is issued.
He said the court still views the alleged crimes as within its jurisdiction, though it must now determine if current legal conditions still allow for the exercise of that jurisdiction. If reaffirmed, the arrest orders could be reactivated with even greater force.
Breijieh stated that the warrants cannot be canceled but may remain politically unenforced in some countries until a final decision is made.
He added that by referring the jurisdiction issue back to the Pre-Trial Chamber, the court may have given Israel a new chance to challenge the ICC’s authority—despite the court having previously affirmed its jurisdiction over the occupied Palestinian territories in 2021.
Breijieh noted that the next step will involve fresh hearings by the Pre-Trial Chamber on jurisdiction. Israel may participate informally or through third parties submitting legal briefs. If jurisdiction is reaffirmed, the decision is likely to be appealed again.
He expects Israel to escalate political and diplomatic efforts to pressure member states not to cooperate with the ICC.
Since October 7, 2023, and with U.S. support, Israel has committed acts amounting to genocide in Gaza, resulting in more than 168,000 Palestinian casualties—mostly women and children—and over 11,000 missing persons.
Israel has maintained an 18-year blockade on Gaza, displacing around 1.5 million of the territory’s 2.4 million residents. The population is now facing famine due to Israel’s closure of humanitarian aid crossings.
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