Israel has scored a small procedural victory at the International Criminal Court (ICC) in the legal dispute over the prosecution of war crimes in the Gaza Strip.
However, this ruling does not affect the arrest warrants issued last year for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant.
In its decision announced on Thursday, the ICC’s Appeals Chamber overturned a lower court decision and upheld Israel’s appeal that challenged the jurisdiction of the court to hear the case.
The lower court had previously rejected Israel’s appeal against the criminal investigation, asserting that the court had jurisdiction.
The Appeals Chamber, however, found that the Pre-Trial Chamber’s reasoning did not “sufficiently address” Israel’s concerns. As a result, the case has been sent back for reconsideration. It remains unclear when a new decision will be reached.
In November, the UN-backed ICC issued arrest warrants for Netanyahu and Gallant, accusing them of war crimes and crimes against humanity committed in the Gaza Strip after October 8, 2023.
Chief Prosecutor Karim Khan has been investigating alleged war crimes committed during the Gaza conflict, including by Hamas.
A warrant was issued for Hamas military leader Mohammed Deif for alleged crimes against humanity and war crimes committed in Israel. However, Hamas confirmed in January that Deif was killed last year in an Israeli attack in Gaza.
Israel has questioned the court’s jurisdiction, noting that it has not signed the Rome Statute, the treaty that established the ICC.
However, the Palestinian territories, which are signatories, have allowed the court’s jurisdiction over them.
Furthermore, in 2021 the ICC, based in The Hague, ruled it had jurisdiction over territories occupied by Israel since 1967.
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