Judges at the International Criminal Court (ICC) have rejected a request by Israel to withdraw arrest warrants against Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, in a ruling that reinforces the court’s ongoing scrutiny of the conduct of Israeli forces in the Gaza conflict.
The decision, published Wednesday on the ICC’s official website, confirmed that the warrants issued on 21 November 2024 remain in effect. These warrants allege that both Netanyahu and Gallant bear responsibility for war crimes and crimes against humanity committed during Israel’s military operations in the Gaza Strip following the Hamas-led attack on Israeli territory on 7 October 2023.
Israel, which does not recognise the jurisdiction of the Hague-based court, had asked the ICC to annul the arrest warrants and suspend the broader investigation into alleged crimes in the Palestinian Territories. The judges dismissed both requests.
Israel’s legal team had argued that a previous ruling by the ICC Appeals Chamber in April – which instructed the Pre-Trial Chamber to consider Israel’s jurisdictional objections – implied that the warrants lacked a valid legal basis. However, the judges concluded that this interpretation was “incorrect”, emphasising that Israel’s jurisdictional challenge remains under review and that the arrest warrants will stay in force until a final determination is made on that point.
“There is no basis to suspend or terminate the arrest warrants at this stage,” the court stated, adding that the process to assess jurisdiction is ongoing and has not yet reached a conclusion. No specific timeline was given for the completion of that process.
The warrants were originally issued against Netanyahu, Gallant, and a senior Hamas commander, Ibrahim al-Masri (widely known as Mohammed Deif). In February 2025, the ICC withdrew the warrant for al-Masri following credible reports confirming his death.
Israel’s military campaign in Gaza, initiated in response to the 7 October Hamas assault, has drawn international scrutiny due to the high number of civilian casualties and widespread destruction of infrastructure. Israeli authorities maintain that their operations are targeted at dismantling Hamas’ military capabilities and that the state has acted in accordance with international law.
The ICC, established in 2002 to prosecute individuals for genocide, war crimes, and crimes against humanity, has faced growing political pressure over its Gaza investigation. In June, the United States government imposed sanctions on four ICC judges, including two who participated in Wednesday’s ruling. The US action – unprecedented in its targeting of sitting ICC judges – was a direct response to the court’s issuance of the arrest warrant against Netanyahu.
Washington has historically supported Israel’s position and has voiced strong opposition to the ICC’s intervention in the Israeli-Palestinian conflict. However, the imposition of sanctions on judges marked a notable escalation in tensions between the United States and the court.
Despite Israel’s rejection of ICC jurisdiction, the court maintains that it has legal authority to investigate and prosecute alleged crimes committed on the territory of Palestine, which was granted non-member observer state status by the United Nations General Assembly in 2012 and acceded to the Rome Statute in 2015.
The investigation into alleged crimes committed by both Israeli and Palestinian actors in the Occupied Palestinian Territories formally began in March 2021. The current proceedings involving Netanyahu and Gallant form part of a broader probe examining actions by both sides since 2014, including during the 2023–2024 conflict.
The legal implications of the ICC’s decision are significant, although the practical enforcement of the arrest warrants remains limited. As neither Israel nor the United States is a party to the Rome Statute, both states are under no legal obligation to comply with ICC arrest requests. However, the warrants effectively restrict Netanyahu and Gallant from travelling to any of the more than 120 ICC member states, where they would risk detention.
