The appeals chamber of the International Criminal Court rejected an Israeli legal challenge aimed at blocking an investigation into its actions in Gaza, dealing a setback to Israel’s efforts to derail the case.
In a decision issued on Monday, judges declined to overturn a lower court ruling that allows the ICC prosecutor to investigate alleged crimes linked to Israel’s war on Gaza following the Hamas-led attack on southern Israel on October 7, 2023.
The ruling clears the way for the continuation of the court’s Palestine investigation, which led to the issuance of arrest warrants in November last year for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.
Israel does not recognise the jurisdiction of the Hague-based court and denies committing war crimes in Gaza, while the ICC also withdrew an arrest warrant for Hamas leader Ibrahim al-Masri after credible reports of his death. The appeal centred on whether the prosecutor was required to issue a fresh notification to Israel for events after October 7, 2023, with Israel arguing that the assault on Gaza constituted a new situation based on additional referrals from seven countries, including South Africa, Chile, and Mexico.
Judges rejected that claim, ruling that the original notification issued in 2021, when the ICC formally opened its investigation into alleged crimes in occupied Palestine, already covered later events.
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