Israel presses ICC to withdraw arrest warrants against Netanyahu

Israel has formally requested the International Criminal Court (ICC) to withdraw arrest warrants issued against Prime Minister Benjamin Netanyahu and ex-defence minister Yoav Gallant, Al-Monitor reported on May 12th.

In a 14-page submission dated May 9th and published on the ICC website on May 12th, Israel said that the warrants, issued in November, are null and void while judges reconsider a former Israeli challenge to the court’s jurisdiction concerning the case.

The ICC had found “reasonable grounds” to trust that Netanyahu and Gallant bear “criminal responsibility” for war crimes and crimes against humanity committed during Israel’s military campaign in Gaza.

The court also issued a separate arrest warrant for key Hamas commander Mohammed Deif in connection with the October 7th attacks that sparked the conflict. That case was withdrawn in February following confirmation of Deif’s death.

Although Israel is not a member of the ICC, it had previously challenged the court’s jurisdiction. That challenge was dismissed by the Pre-Trial Chamber, which proceeded to issue the arrest warrants.

However, the ICC’s Appeals Chamber ruled that the Pre-Trial Chamber had erred in dismissing Israel’s challenge and ordered a fresh review of the jurisdictional arguments, Reuters reported on April 24th. The office of the ICC Prosecutor said it was examining into the ruling.

Israel now contends that the arrest warrants cannot remain in place while that process is underway. “Unless and until the Pre-Trial Chamber has ruled on the substance of the jurisdiction challenge… the prerequisite jurisdictional finding does not exist,” Israel said. “It follows that the arrest warrants issued on 21 November 2024 must be withdrawn or vacated pending the Pre-Trial Chamber’s determination of Israel’s jurisdictional challenge.”

Israel emphasised the potential consequences of allowing the warrants to remain active, stating that Netanyahu could theoretically face arrest while the court continues to deliberate. “Depriving persons of their liberty on the basis of an arrest warrant issued in the absence of the necessary legal pre-conditions is an egregious violation of fundamental human rights and of the rule of law,” Israel said.

The issuing of the warrants in November sparked strong condemnation from Israel and several allied states. Netanyahu labelled the move “anti-Semitic,” while the then US President Joe Biden called it “outrageous.”

Although ICC member states must enforce arrest warrants, the court has no independent enforcement mechanism to give warrants.

The ICC had demanded an answer from Hungary as to why it chose to not arrest the Israeli Prime Minister during his visit to the nation, despite an arrest warrant, Middle East Eye reported on April 16th.

Israel’s latest submission claims that keeping the warrants in effect during the jurisdictional review “is unlawful and undermines the legitimacy of the court.”

Al-Monitor, Middle East Eye, Reuters