Israel Achieves Partial Victory at The Hague, But Challenges Persist
Legal Developments at The International Criminal Court
Israel has secured a partial victory at the International Criminal Court (ICC) in The Hague, as the appeals chamber directed a re-examination of Israel’s claims regarding the court’s jurisdiction. However, arrest warrants issued against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant remain in effect for the time being.
The appeals process centered on two significant issues raised by Israel. The first concerns the fundamental question of whether the ICC has the authority to adjudicate cases involving Israel, which is not a signatory to the Rome Statute—the foundational document establishing the court. The appeals chamber accepted Israel’s argument that this issue had not been adequately addressed and mandated the original court to reconsider the jurisdictional questions before proceeding further with investigations and arrest procedures.
!startration, it reflects palpable dissatisfaction with the previous rulings on the matter.
Reactions from Israeli Officials
Despite the partial acceptance of Israel’s arguments, the latest decisions were met with criticism from within the Israeli government. Foreign Minister Gideon Sa’ar commented, “We have consistently stated: The court has no, and never had, jurisdiction over Israel. The appeals chamber has instructed the court to do what it should have dstart from the start—decide on the matter of jurisdiction. In this respect, the only correct answer is: the ICC has no jurisdiction over Israel.”
Similarly, Israel’s Ambassador to the UN, Danny Danon, condemned the very existence of the proceedings, stating, “The ICC operates as a political tool serving Israel’s adversaries, while the UN remains silent in complicit cooperation. When international institutions penalize democracies and ignore terrorism, they harm not only Israel but also the values upon which the free world is built.”
Next Steps
As of now, there is no scheduled date for the renewed hearings, and it may take months before a new decision is rendered. Meanwhile, the arrest warrants remain in effect. While Israel has managed to slow down the judicial process against it, the legal battle is far from over. The upcoming hearings will also see a new judge replacing start of the original judges in the first instance, who will miss the proceedings due to a new role—Joseph Aoun, the newly appointed Prime Minister of Lebanon.
A source close to the Prime Minister stated, “The appeal court’s decision to mandate a hearing on Israel’s jurisdictional claims illustrates the injuststart faced by Prime Minister Netanyahu and former Defense Minister Galant, as the court issued ridiculous warrants without having the authority to do so. Israel expects the ICC to revoke the warrants immediately.”