Israel Seeks to Cancel ICC Arrest Warrant for Netanyahu

Israel Seeks to Cancel ICC Arrest Warrant for Netanyahu

Israel’s Request to ICC

On May 12, 2025, Israel asked the International Criminal Court (ICC) to withdraw arrest warrants issued against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The request also urged the ICC to pause its investigation into alleged war crimes during the Gaza conflict. Israel argues that the court lacks jurisdiction over its actions.

This move follows the ICC’s decision on November 21, 2024, to issue warrants for Netanyahu, Gallant, and Hamas commander Mohammed Deif. Israel’s appeal reflects its ongoing rejection of the ICC’s authority, claiming the court cannot prosecute its citizens.

Background of the Warrants

The ICC issued the warrants due to alleged war crimes and crimes against humanity in the Gaza war, which began after Hamas’s October 7, 2023, attack on Israel.

The court found “reasonable grounds” to believe Netanyahu and Gallant were responsible for starvation as a warfare tactic, murder, persecution, and inhumane acts against Gaza’s civilian population.

These actions, the ICC stated, occurred from October 8, 2023, to May 20, 2024. The warrants also targeted Hamas’s Deif for crimes like murder and hostage-taking. Israel denies these allegations, calling them “antisemitic” and “absurd.” The conflict has killed nearly 44,000 people in Gaza, according to local health authorities.

Netanyahu’s Actions and Statements

Netanyahu condemned the ICC’s decision as a “travesty of justice” in a video statement on November 21, 2024, from Jerusalem. He called the warrants a “dark day for humanity” and accused the ICC of equating Israel with Hamas.

His office labeled the court “politically biased” and claimed Israel’s war in Gaza was “just” following Hamas’s attack, which killed 1,200 people and took 251 hostages. Netanyahu vowed to continue defending Israel, stating, “No ICC decision will stop us.” Israel’s challenge to the ICC’s jurisdiction was rejected by the court, which ruled it has authority based on Palestine’s territorial rights.

Location and Global Reactions

The ICC, based in The Hague, Netherlands, operates under the Rome Statute, a treaty Israel does not recognize. The warrants restrict Netanyahu’s travel to the 124 ICC member states, including the UK and France, where he risks arrest. Reactions vary globally. The U.S., not an ICC member, called the warrants “outrageous,” with President Joe Biden rejecting any equivalence between Israel and Hamas. European nations like Ireland and the Netherlands vowed to enforce the warrants, while Hungary invited Netanyahu, defying the ICC. The EU’s former foreign policy chief, Josep Borrell, stressed the warrants are binding and must be respected.

Are ICC Warrants Binding?

ICC arrest warrants are legally binding for its 124 member states, who are obliged to arrest and transfer suspects to The Hague. However, the ICC lacks its own police force and relies on member states’ cooperation. Non-members like Israel and the U.S. do not recognize its jurisdiction, complicating enforcement.

For example, Russian President Vladimir Putin, also under an ICC warrant, has traveled to ICC member states like Mongolia without arrest. Netanyahu faces no immediate prosecution risk unless he visits a cooperating member state.

Israel’s latest request could delay proceedings, but the ICC has signaled it will not be swayed by political pressure. Critics, including Human Rights Watch, warn that inconsistent enforcement undermines global justice.

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