ICC upholds Gaza war crimes investigation, rejects Israel’s appeal
In its judgment, the appeals chamber upheld a prior ruling by the pre-trial chamber, determining that there was no “new situation” that would require the prosecutor to restart the investigation or issue fresh notifications to Israel. The court noted that the ongoing investigation concerns “the same type of armed conflicts, concerning the same territories, with the same alleged parties to these conflicts” as those already examined in the longstanding Palestine case.
Israel had contended that the intensity of hostilities after October 7 constituted a fundamental shift, triggering new legal obligations under Article 18 of the Rome Statute. Judges rejected this argument, stating that “no substantial change to the parameters of the investigation requiring new notification had occurred.” The court also emphasized that the original probe, launched in 2021, covers war crimes committed “since June 13, 2014, with no end date.”
The ruling reinforces the legal foundation for the arrest warrants issued in November 2024 against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, who face accusations of war crimes and crimes against humanity. Israel continues to reject the ICC’s jurisdiction.
While the court clarified that states retain the ability to raise admissibility issues, the decision removes a major procedural barrier, allowing the Gaza investigation to move forward.
Since October 2023, Israeli attacks in Gaza have reportedly killed nearly 70,700 people, mostly women and children, and injured more than 171,100 others, with hostilities continuing despite a ceasefire that took effect on October 10. Aid deliveries remain heavily restricted, and living conditions in Gaza have not improved, in violation of the humanitarian protocols tied to the truce.
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