ICC Chief Prosecutor Urges Rejection of Israeli Objections to Netanyahu Arrest Warrant

The Hague: The International Criminal Court’s (ICC) Chief Prosecutor, Karim Khan, has formally urged judges to reject Israel’s objections to the court’s ongoing investigation into alleged war crimes committed during the 13-month war in Gaza.

Khan’s response, submitted late Monday, comes after Israel challenged the ICC’s jurisdiction following the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister, and Hamas’ military chief. The warrants accuse them of crimes against humanity linked to the conflict in Gaza.

Israel’s Objections and ICC’s Response

Israel contends that it has the capability to investigate allegations against its leaders internally, arguing that the ICC’s continued probe infringes on its sovereignty. The country, which does not recognize the ICC’s authority, filed an appeal in December 2023 to halt the investigation.

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However, Khan’s 55-page response asserts that under the Rome Statute, the ICC has the power to prosecute crimes occurring within the territories of its member states, regardless of the nationality of the accused. Palestine, recognized as a member of the ICC, provides the legal basis for the court’s jurisdiction over the matter.

Global Jurisdiction and ICC’s Role

The ICC, established in 2002, prosecutes individuals responsible for the world’s most serious crimes, including war crimes, genocide, crimes against humanity, and aggression. While the court has 125 member states, key global powers—including Israel, the United States, Russia, and China—do not accept its jurisdiction.

Netanyahu, already facing corruption charges in Israel, dismissed the ICC’s arrest warrant as “a black day in the history of nations”, vowing to fight the allegations.

The ICC judges are expected to issue a decision on Israel’s objections in the coming months.