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International Criminal Court

International Law
Mdrass2025-07-287 min read

Article Summary

The International Criminal Court rejected Israel's request to cancel or suspend arrest warrants against Prime Minister Netanyahu and former Defence Minister Gallant, maintaining investigation into alleged crimes in Palestinian territories and reinforcing that no one is above the law.

International Criminal Court Decision

The International Criminal Court (ICC) rejected on Wednesday, July 16, 2025, Israel's request submitted on May 9, 2025, to cancel or suspend arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The court also rejected the request to suspend the broader investigation into alleged crimes in Palestinian territories.

Court's Decision Details

According to the decision, the arrest warrants issued by the court on November 21, 2024, remain in effect based on suspicions of committing war crimes and crimes against humanity during the aggression on Gaza, including using starvation as a weapon of war. The investigation will not be suspended as the Criminal Court found that the request to suspend the investigation was legally unfounded because Israel did not provide evidence that it was conducting internal investigations into those crimes itself.

The issue of Palestinian state jurisdiction (competence) is still under review, and the warrants' effect will not be cancelled until this issue is resolved.

Legal Analysis

From a legal perspective, as a researcher, I believe this decision reflects the Court's commitment to the principle that no one is above the law, whether in the case of a powerful state or an elected leader, and that it affirms its independence and determination to continue the investigation until completing the response to legal challenges regarding jurisdiction, regardless of the cost and American sanctions against the court's judges.

Diplomatic and Political Implications

From a diplomatic and political perspective, the decision will push Israel to bury its legal battle on the international stage, and this may mean diplomatic isolation, especially if the Court settles that it has full jurisdiction. On the other hand, it may increase pressure on Israel to stop its practices in Gaza, or prepare internal criminal investigations.

Future Implications of this Decision

For Israel

If jurisdiction is confirmed, senior leadership may have to avoid traveling abroad for fear of arrest.

For Palestinians and Supporting Countries

This is considered a victory from a legal standpoint, and may affect the dynamics of the Palestinian cause on the international stage. Therefore, the Palestinian National Authority must improve political and diplomatic performance and keep pace with international developments and restore consideration for Palestinian martyrs, victims, and wounded, as there is an international judicial body prepared to at least hear their voice, even amid enormous pressures.

Conclusion

This is a brave step but not the end of the road, as this decision will not directly lead to Netanyahu's arrest, but it is a strategic judicial step within a long path. At minimum, it will restrict his movement internationally (i.e., he cannot travel to states party to the Rome Statute without risk of arrest), enhance the legitimacy of Palestinian people's demands at the international level, and open the door for more documentation and investigation of crimes against civilians in Gaza and the West Bank.

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