Background on the International Criminal Court (ICC)
The International Criminal Court (ICC), based in The Hague, was established in 2002 to investigate and prosecute the most serious crimes: genocide, war crimes, crimes against humanity, and the crime of aggression.
Israel’s Appeal and ICC’s Decision
On Monday, the ICC dismissed Israel’s appeal challenging its competency to investigate crimes allegedly committed in the Gaza Strip. The court had initiated an investigation into the situation in Palestinian territories in 2021, which Israel attempted to halt.
Israel argued that a separate independent investigation was required following Hamas attacks on Israel on October 7, claiming that this changed the situation and demanded a second formal investigation notification from the ICC.
Although Israel did not sign the Rome Statute, which established the ICC’s jurisdiction, it can still submit appeals to the court.
In a 44-page document, the judges confirmed their decision to investigate allegations of war crimes committed by Israel in the Palestinian territories. They also upheld arrest warrants issued by the ICC against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in November 2024 for alleged war crimes and crimes against humanity.
Reactions and Ongoing Developments
Oren Marmorstein, spokesperson for the Israeli Ministry of Foreign Affairs, rejected the court’s decision, accusing it of politicization via a tweet.
The ICC is currently analyzing another Israeli challenge to its jurisdiction, as well as a request to recuse Fatou Bensouda, the former ICC prosecutor, and her successor Karim Khan. There have been allegations of sexual abuse against Khan, which he denies.
In July, the ICC rejected Israel’s request to withdraw arrest warrants, and in October, it denied an appeal against this decision.
Context: The Recent Conflict Between Israel and Hamas
A fragile ceasefire between Israel and Hamas in Gaza, pressured by the United States, has been in effect since October 10. However, Israel’s deadly attacks have continued.
The conflict between Israel and Hamas in Gaza erupted on October 7 when Islamist commandos launched an attack in southern Israel, resulting in over 1,221 deaths, mostly civilians, according to an AFP tally based on official Israeli figures.
Israel’s retaliatory offensive in Gaza led to more than 70,000 deaths, as reported by the health ministry of Hamas’s government, deemed reliable by the UN.
Key Questions and Answers
- What is the International Criminal Court (ICC)? The ICC is an international tribunal established in 2002 to investigate and prosecute genocide, war crimes, crimes against humanity, and the crime of aggression.
- Why did Israel appeal to the ICC? Israel argued that a separate independent investigation was necessary following Hamas attacks on Israel, claiming it changed the situation and demanded a second formal investigation notification from the ICC.
- What were the outcomes of the ICC’s decision? The ICC confirmed its decision to investigate alleged war crimes by Israel in Palestinian territories and upheld arrest warrants against Netanyahu and Gallant for war crimes and crimes against humanity.
- What is the current status of the conflict between Israel and Hamas? A fragile ceasefire has been in effect since October 10, 2023. However, Israel’s attacks in Gaza have continued, resulting in numerous civilian casualties.
