In a landmark ruling with profound implications for international justice, the Appeals Chamber of the International Criminal Court (ICC) has decisively rejected Israel’s legal challenges to the court’s investigation into alleged crimes committed in Gaza following the October 7, 2023 attacks. This judgment represents a critical validation of the ICC’s jurisdictional authority and investigative procedures in the ongoing Palestine situation.
The judicial panel dismissed Israel’s central argument that Prosecutor Karim Khan was required to issue a fresh formal notification after seven nations—South Africa, Bangladesh, Comoros, Bolivia, Djibouti, Chile, and Mexico—filed additional referrals concerning post-October 7 events. The court determined that the original 2021 notification, triggered by Palestine’s initial referral, sufficiently covered the scope of the investigation, including subsequent developments.
Israel’s legal team had contended that the Hamas-led attacks and their aftermath constituted an entirely new situation necessitating separate procedural steps under Article 18(1) of the Rome Statute. This provision requires the Prosecutor to formally notify states concerned when opening an investigation, allowing them to demonstrate their own domestic proceedings addressing the same alleged crimes—a principle known as complementarity.
Despite receiving the original notification in 2021, Israeli authorities opted not to invoke complementarity provisions at that time, instead maintaining their position that the ICC lacked jurisdiction over Israeli nationals entirely. This stance shifted only after the Prosecutor sought arrest warrants against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in November 2023.
International law experts have characterized the ruling as a robust affirmation of judicial independence. Professor Kevin Jon Heller of the University of Copenhagen, who also serves as special advisor on war crimes to the ICC Prosecutor, commended the Appeals Chamber for ‘being brave enough to follow the law’ despite potential political repercussions. Heller noted that Israel had previously forgone its right to challenge the investigation under complementarity principles, only raising procedural objections after high-ranking officials faced actual charges.
The decision ensures that the arrest warrants against Netanyahu and Gallant remain valid, avoiding what would have been a significant procedural setback requiring renotification and potentially delaying justice. The ruling occurs against a backdrop of heightened tensions between the ICC and certain nations, including the United States, which imposed sanctions on court officials following the issuance of the warrants.