On April 24, 2025, the Appeals Chamber of the International Criminal Court (ICC) issued two landmark rulings that mark a pivotal moment in the path toward international accountability for crimes committed in the occupied Palestinian territories.
The first ruling firmly rejected the request to suspend the arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The second ruling referred the question of the Court’s jurisdiction back to the Pre-Trial Chamber for reconsideration under stricter legal standards.
While acknowledging previous concerns about the Court’s performance, especially in politicised cases, this decision deserves clear support — in defence of international judicial independence, in pursuit of justice for the victims, and as a reaffirmation that justice is a right to be seized, not a privilege to be requested.
Israel’s Arguments Against the Court’s Jurisdiction — and Their Collapse
Israel submitted several arguments seeking to challenge the ICC’s jurisdiction and to suspend the execution of the warrants against Netanyahu and Gallant:
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- Statehood of Palestine: Israel argued that Palestine is not a sovereign state under Article 2(1)(a) of the 1969 Vienna Convention on the Law of Treaties, thereby questioning Palestine’s legal accession to the Rome Statute.
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- Territorial Jurisdiction: Israel claimed that the Court lacks territorial jurisdiction, as it considers the Palestinian territories to be “disputed,” not the sovereign territory of a State Party.
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- Functional Immunity: Israel invoked customary international law, which grants immunity to sitting heads of state and senior officials from arrest or prosecution without a United Nations Security Council mandate under Chapter VII.
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- Threat to Regional Stability: Israel asserted that the issuance of arrest warrants during an active conflict undermines regional stability and diplomatic efforts toward de-escalation.
The ICC’s Response: A Legal and Procedural Landmark
The ICC rejected Israel’s arguments decisively:
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- Jurisdiction: The Court reaffirmed, based on Article 12(2)(a) of the Rome Statute, that it has clear jurisdiction over crimes committed on the territory of any State Party. Palestine acceded officially to the Rome Statute on April 1, 2015, a fact duly recorded by the UN Secretary-General.
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- Statehood: The Court stressed that Palestine’s accession was legally sound under Article 125 of the Statute, regardless of broader debates on sovereignty under general international law.
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- No Immunity for Leaders: Crucially, the Court cited Article 27 of the Rome Statute, which strips heads of state and senior officials of immunity for crimes such as war crimes and crimes against humanity.
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- Independence and Legal Integrity: Procedurally, the Court demonstrated steadfast independence, making clear that its processes are rooted solely in law — unaffected by political calculations or external pressures.
Thus, the Court reaffirmed a fundamental truth: Justice must be universal, and leadership status cannot shield perpetrators from accountability.
Israel’s Double Standard: Denial in Rhetoric, Recognition in Action
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- De Facto Recognition of the Court: By participating in legal proceedings, Israel implicitly acknowledged the Court’s authority, despite its political posturing.
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- Strengthening the ICC’s Legitimacy: Israel’s legal engagement, paradoxically, enhances the ICC’s international stature, affirming that even adversaries must reckon with its authority.
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- Victory for the Principle of Accountability: The Court’s process demonstrates that the demand for justice transcends membership lists — compelling even non-member states to respond.
The Duty of States Parties: Will the Rome Statute Be Upheld?
Following the reaffirmation of arrest warrants against Netanyahu and Gallant, States Parties to the Rome Statute are legally obligated — under Articles 86 and 89 — to cooperate fully with the Court, including executing arrest warrants.
Failure to act would not only betray victims of grave international crimes but would also undermine the credibility of the entire international justice system.
The time has come for governments, particularly in Europe, Africa, and Latin America, to show whether their commitments to human rights and the rule of law are principled or selectively applied.
Justice cannot be conditional. It cannot be reserved for the weak while exempting the powerful.
Netanyahu’s New Reality: A Fugitive Under International Law
With the Appeals Chamber’s decision, Netanyahu is now officially a fugitive under international law — facing accusations including the use of starvation as a weapon of war and crimes against humanity.
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