ICC Appeals Judges Reopen Jurisdiction Debate in Israeli Arrest Warrant Case

[Social Media]

 

ICC Appeals Judges Reopen Jurisdiction Debate in Israeli Arrest Warrant Case

 

In a significant development at The Hague, the Appeals Chamber of the International Criminal Court (ICC) on Thursday ordered a lower court panel to reconsider Israel’s legal objections to the court’s jurisdiction in the case involving arrest warrants against two top Israeli officials. This decision represents a temporary procedural win for Israel and reopens a critical debate over the court’s authority to prosecute alleged crimes committed during the ongoing Gaza conflict.

 

The appeal stems from a controversial move last year when ICC Prosecutor Karim Khan requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant. The warrants were based on allegations of war crimes and crimes against humanity in relation to the Israeli military’s actions in Gaza. Both Israeli and Palestinian leaders have rejected the allegations outright, questioning the legitimacy and impartiality of the prosecutor's actions.

 

The Appeals Chamber ruled that the Pre-Trial Chamber had failed to adequately consider Israel’s jurisdictional objections before allowing the case to proceed. “The Appeals Chamber therefore reversed the decision and remanded the matter to the Pre-Trial Chamber for a new ruling on the substance of Israel's challenge to the jurisdiction of the Court,” the judges said in their statement.

 

 

Israel has maintained that the ICC lacks jurisdiction over its nationals, arguing that Palestine is not a sovereign state and therefore not qualified to delegate jurisdiction to the court. Israel, which is not a member of the ICC, has long contended that the court does not have the authority to investigate its internal military and political affairs.

 

The Appeals Chamber appeared to agree that Israel’s legal challenge deserved a more thorough review. It said the lower chamber had not sufficiently addressed Israel's claim that it has the right to dispute the court's jurisdiction before any action on arrest warrants is taken. This aspect, according to the ruling, must now be fully considered by the Pre-Trial Chamber.

 

In response to the ruling, the office of the ICC Prosecutor issued a brief statement, noting that it was reviewing the decision but offering no additional commentary at this time.

 

The court's ruling does not annul the arrest warrants but puts a pause on their progression while the jurisdictional challenge is revisited. The outcome of this renewed judicial scrutiny could have far-reaching implications for the ICC’s authority in politically charged conflicts, particularly when the states involved dispute the court’s legitimacy.

 

As the legal battle continues, both Israeli and Palestinian representatives remain deeply critical of the ICC's involvement. Each side has accused the court and its prosecutor of political bias and overreach. With this new ruling, the ICC must now walk a delicate line between asserting its mandate to prosecute grave crimes and addressing complex questions of legal jurisdiction and state sovereignty.

 

Related Topics:

ICC Issues Arrest Warrants for Benjamin Netanyahu and Yoav Gallant Over Alleged War Crimes

ICC Prosecutor Karim Khan Faces Retaliation Allegations Amid Misconduct Probe

Trump Signs Executive Order Sanctioning ICC calls it 'illegitimate'

Boris Johnson Accuses Starmer of Aligning with Hamas Over ICC Netanyahu Arrest Warrant

 

  Adpated by ASEAN Now from Reuters  2025-04-26

 

 

[mfd101]

Interesting that the Palestinian reps are also objecting to the ICC's jurisdiction ...

[Watawattana]

6 hours ago, mfd101 said:

Interesting that the Palestinian reps are also objecting to the ICC's jurisdiction ...

Might be because they've committed significant numbers of crimes that might come under the ICC jurisdiction, including but not limited to October 7th 2023?

 

If Israel, or indeed George W & Tony Blair, don't get indicted by the ICC then it really needs to be be disbanded.  It should not be a political organisation, but it really appears that it is.  I simply cannot understand how any court in any country can have any political bias or be voted for along party lines.

[Purdey]

It appears the only entities that don't like the ICC are the guilty parties. It's just a court after all.

[Yagoda]

The ICC, like the UN, is a joke and a farce that serves no purpose in todays modern world, especially when the existential war between the Freedom of the West, represented by the US, and the murderous ideology of Socialism and Han National Socialism is approaching a climax

 

You are either on the side of Freedom, messy as it might be, or on the side of the Socialist Gun and the Knife. Judging by what I see here, the Gun and the Knife seems to be the choice of many.

[Jeff the Chef]

Innocent until proven guilty.

[Bkk Brian]

1 minute ago, Jeff the Chef said:

Innocent until proven guilty.

Nah. Hamas are guilty. Nice try

[Jeff the Chef]

41 minutes ago, Bkk Brian said:

Nah. Hamas are guilty. Nice try

 

Yes, I agree Hamas are guilty as charged, but then if that is the case they should be tried and sentenced by the court, and not by anybody else.

 

In the case of Israel, no matter how many legal challenges they wish to make they have also been charged, to my mind if they are certain they have no case to answer they should welcome the chance to prove their innocents, but as can be seen they are not willing to face a court, without a long drawn out legal fight, I wonder why?

[Bkk Brian]

1 minute ago, Jeff the Chef said:

 

Yes, I agree Hamas are guilty as charged, but then if that is the case they should be tried and sentenced by the court, and not by anybody else.

 

In the case of Israel, no matter how many legal challenges they wish to make they have also been charged, to my mind if they are certain they have no case to answer they should welcome the chance to prove their innocents, but as can be seen they are not willing to face a court, without a long drawn out legal fight, I wonder why?

There you go again. Rubbish, they are blatantly holding hostages as we speak and don't need a court to be told they are guilty.

 

https://x.com/EylonALevy/status/1916333937715986676

 

[Jeff the Chef]

11 minutes ago, Bkk Brian said:

There you go again. Rubbish, they are blatantly holding hostages as we speak and don't need a court to be told they are guilty.

 

https://x.com/EylonALevy/status/1916333937715986676

 

 

Is reading not your strong point, did I, or did I not say Hamas are guilty as charged?

[Bkk Brian]

1 minute ago, Jeff the Chef said:

 

Is reading not your strong point, did I, or did I not say Hamas are guilty as charged?

Deflection from what you said and my response to it is obviously not your strong point no

 

23 minutes ago, Jeff the Chef said:

 

Yes, I agree Hamas are guilty as charged, but then if that is the case they should be tried and sentenced by the court, and not by anybody else.

 

In the case of Israel, no matter how many legal challenges they wish to make they have also been charged, to my mind if they are certain they have no case to answer they should welcome the chance to prove their innocents, but as can be seen they are not willing to face a court, without a long drawn out legal fight, I wonder why?

 

18 minutes ago, Bkk Brian said:

There you go again. Rubbish, they are blatantly holding hostages as we speak and don't need a court to be told they are guilty.

 

 

[stevenl]

7 minutes ago, Jeff the Chef said:

 

Is reading not your strong point, did I, or did I not say Hamas are guilty as charged?

Doesn't matter, 'but but but hamas' is the Israeli defence.

[Bkk Brian]

14 minutes ago, stevenl said:

Doesn't matter, 'but but but hamas' is the Israeli defence.

Yes, but Hamas, its in the topic, try reading it sometime instead of making your normal one line baseless and worthless comments

 

On 4/26/2025 at 7:03 AM, Social Media said:

Both Israeli and Palestinian leaders have rejected the allegations outright, questioning the legitimacy and impartiality of the prosecutor's actions.

 

[Jeff the Chef]

11 minutes ago, Bkk Brian said:

Yes, but Hamas, its in the topic, try reading it sometime instead of making worthless comments

 

 

 

I can find no mention of Hamas or the Palestinian Authority in the Appeal Court judgement:

 

Public document Judgment on the appeal of the State of Israel against Pre-Trial Chamber I’s “Decision on Israel’s challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute”

 

https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180b5913d.pdf

[Bkk Brian]

1 minute ago, Jeff the Chef said:

 

I can find no mention of Hamas or the Palestinian Authority in the Appeal Court judgement:

 

Public document Judgment on the appeal of the State of Israel against Pre-Trial Chamber I’s “Decision on Israel’s challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute”

 

https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180b5913d.pdf

And? 

[Jeff the Chef]

3 minutes ago, Bkk Brian said:

And? 

 

Pardon, what.

[Bkk Brian]

Just now, Jeff the Chef said:

 

Pardon, what.

Stop trolling, and so what? A little more from the topic.

 

On 4/26/2025 at 7:03 AM, Social Media said:

As the legal battle continues, both Israeli and Palestinian representatives remain deeply critical of the ICC's involvement. Each side has accused the court and its prosecutor of political bias and overreach.

 

[Nick Carter icp]

56 minutes ago, Jeff the Chef said:

 

Yes, I agree Hamas are guilty as charged, but then if that is the case they should be tried and sentenced by the court, and not by anybody else.

 

 

   Why aren't the ICC taking the Palestinians to Court for their war crimes ?

[Social Media]

@Jeff the Chef an inflammatory troll post has been removed. Please stop 

[Jeff the Chef]

38 minutes ago, Nick Carter icp said:

 

   Why aren't the ICC taking the Palestinians to Court for their war crimes ?

 

I thought they were, you could ask them, here are the contact details: https://www.icc-cpi.int/contact

[Nick Carter icp]

8 minutes ago, Jeff the Chef said:

 

I thought they were, 

 

   When is the Court date set and which Palestinian  people are being bought before the ICC ?

   What are the Palestians being charged with ?

[Jeff the Chef]

7 minutes ago, Nick Carter icp said:

 

   When is the Court date set and which Palestinian  people are being bought before the ICC ?

   What are the Palestians being charged with ?

 

All the relevant information is available here: https://www.icc-cpi.int/palestine

[stevenl]

28 minutes ago, Jeff the Chef said:

 

I thought they were, you could ask them, here are the contact details: https://www.icc-cpi.int/contact

Yes, they are.

[coolcarer]

22 minutes ago, stevenl said:

Yes, they are.

Congratulations. Hamas is in the topic when you want it to be .

 

Some Palestine leaders say they should not be though, why not? 

 

How can they take the Hamas Commander to ICC when he is reported to be dead?

[Nick Carter icp]

12 minutes ago, Jeff the Chef said:

 

All the relevant information is available here: https://www.icc-cpi.int/palestine

 

   Can you answer the question  yourself ?

 "When is the Court date set and which Palestinian  people are being bought before the ICC ?

   What are the Palestians being charged with ?"

 

[Jeff the Chef]

1 hour ago, Nick Carter icp said:

 

   Can you answer the question  yourself ?

 "When is the Court date set and which Palestinian  people are being bought before the ICC ?

   What are the Palestians being charged with ?"

 

 

Yes, gave you the chance to find out on your own, can I suggest you find out yourself.

 

 

[Nick Carter icp]

1 minute ago, Jeff the Chef said:

 

Yes, gave you the chance to find out on your own, can I suggest you find out yourself.

 

 

 

  Why wont you answer me ?

Is it because you don't know ?

As far as I am aware , the ICC isn't bring charges  against the Palestinian war criminals and your link doesn't state otherwise 

[Jeff the Chef]

1 hour ago, Nick Carter icp said:

 

  Why wont you answer me ?

Is it because you don't know ?

As far as I am aware , the ICC isn't bring charges  against the Palestinian war criminals and your link doesn't state otherwise 

 

I've answered your questions, given you information, you have a brain try using it.

[Nick Carter icp]

2 minutes ago, Jeff the Chef said:

 

I've answered your questions, given you information, you have a brain try using it.

 

   You didn't answer the question , you just fobbed me off with a link , a link which doesn't answer the question .

 

 "I cant answer the question ,here's some random link" and I will get abusive if you question it *

[Jeff the Chef]

1 minute ago, Nick Carter icp said:

 

   You didn't answer the question , you just fobbed me off with a link , a link which doesn't answer the question .

 

 "I cant answer the question ,here's some random link" and I will get abusive if you question it *

 

 If you consider being asked to use your brain, abuse, I feel for you, now once again I have given you information for you to form your own opinions, enjoy.