International Criminal Court & Israel
![Photo of the International Criminal Court (ICC) taken in 2018 in Den Haag. A multistorey glass building with plants growing from the balconies with the blue ICC logo in the foreground.](/sites/default/files/styles/image_with_text/public/media/image/2023/icc-1396.jpg?itok=pvwbp99n)
➡️ Israel’s Relationship with the International Criminal Court (ICC)
The ICC was originally founded in 2002, as the world's first permanent international court its purpose is to investigate and prosecute the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.
Israel initially supported the idea, however never ratified the treaty. After decades of conflict with Palestine and multiple accusations of war crimes, Israel undoubtedly has a turbulent relationship with the ICC.
Israel does not acknowledge the jurisdiction of the ICC, and disputes its recognition of Palestine as a sovereign state. On May 20, 2024, the ICC submitted a bid for the arrest warrants of Prime Minister Benjamin Netanyahu, his defence minister Gallant, and three Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif.
These warrants are on the grounds of alleged war crimes and crimes against humanity in the current Hamas-Israel War which began in October 2023.
![Benjamin Netanyahu, Prime Minister of Israel during the WEF conference in Davos in 2018. He wears a black suit and red tie infront of a blue background looking away from the camera](/sites/default/files/styles/image_with_text/public/media/image/2024/benjamin-netanyahu-1898.jpg?itok=XJQX_Eao)
Netanyahu has labelled these allegations as “antisemitic” and “an attempt to deny Israel the basic right of self-defence.” German, British, and U.S. governments have all rushed to defend the Israeli PM and disapprove of the ICC’s decision.
At this stage the arrest warrants are still pending approval by the court's judges, they also do not include any accusations of genocide. In response to the warrants against Netanyahu and Gallant, the U.S. House of Representatives has made steps to sanction the ICC. The sanctions are unlikely to pass through the Senate, but the message of support for Israel is loud and clear. The U.S. is also not a member of the ICC as it views the court as a threat to U.S. interests.
Palestine on the other hand became a member of the ICC in 2015. Since then, they have been submitting evidence of alleged war crimes by the Israeli army. The court has previously recognised the evidence and a need to address the situation, but this is the first time they have taken any formal action.
The ICC is an intergovernmental organisation and international tribunal founded on the Rome Statute and seated in The Hague, Netherlands. The ICC operates separately from the International Court of Justice (ICJ) which is a judicial organ of the United Nations and hears disputes between states.
![People gather at a pro-Palestine protest. There are Palestinian flags in the background and someone holds a cardboard sign which reads 'All eyes on Rafah'](/sites/default/files/styles/image_with_text/public/media/image/2024/all-eyes-rafah-1899.jpg?itok=Toq5um13)
Independent of the the ICC, in May 2024, South Africa's Genocide Case Against Israel via the ICJ ruled that Israel must halt any military offensive in Rafah and provide "unhindered provision at scale" of basic services and aid into Gaza. Israel responded by rejecting the court's ruling and maintain that their military operations fall in line with international law.
For Netanyahu, confrontation with both the ICC and ICJ serves to affirm his conviction that the world is working to harm Israel. However, even if both courts are incapable of ending the war, their rulings play an important role in accumulating pressure – with the potential to grow great enough to force Israel into accepting a ceasefire and allowing the citizens of Israel and Palestine to live without fear of death, destruction, and hunger.
Author: Edited by Rachael Mellor 06.06.24 licensed under CC BY-ND 4.0.
For more information on the ICC and Israel see below ⬇️
- Understanding the ICC Prosecutor’s Request for Arrest Warrants: The ICC Office of the Prosecutor has requested arrest warrants for Israeli and Hamas leaders. What do these re…414961
- Explainer: US politicians slam ICC following Netanyahu warrant application in latest episode of tensions - JURIST Legal News & Research Services 21.05.24415055
- Israel's defence minister rejects ICC prosecutor’s request for warrants - BBC 21.05.24414951
- ICC’s milestone bid for Netanyahu arrest warrant will have wide political impact even if he evades the court - The Conversation 21.05.24414948
- What's the difference between the ICC and the ICJ? - CBC 21.05.24414869
- US and UK oppose International Criminal Court arrest warrants for Netanyahu and Gallant - BICOM 21.05.24414851
- ICC prosecutor requests: the International Criminal Court's decision to equate its government with the Islamist movement provoked strong condemnation, while the Palestinians …414865
- ‘No one can act with impunity’: ICC arrest warrants in Israel-Hamas war are a major test for international justice - Conversation 21.05.24417433
- Biden attacks request by ICC prosecutor for Netanyahu arrest warrant - Guardian 21.05.24414539
- US lawmakers slam ICC prosecutor’s Israel arrest warrant requests - Al Jazeera 20.05.24415717
- Why we support ICC prosecutions for crimes in Israel and Gaza - Financial Times 20.05.24414537
- Timeline of Int’l Criminal Court Arrest Warrant Applications for Gaza War: What Comes Next and How We Got Here - Just Security 20.05.24414891
- 'Nobody Is Above the Law': ICC Prosecutor Seeks Arrest Warrants for Israel, Hamas Leaders - CD 20.05.24415625
- Video: Exclusive interview: ICC prosecutor seeks arrest warrants against Sinwar and Netanyahu for war crimes over October 7 and Gaza - CNN 20.05.24414533
- ICC’s Karim Khan: a prosecutor in a hurry to effect international law: Swift pursuit of arrest warrants against war leaders in Ukraine and now Gaza is a bold show of legal ru…414954
- Report of the Panel of Experts in International Law - ICC 20.05.24414536
- ICC prosecutor seeks arrest warrants in Israel-Gaza war: Next steps - Reuters 20.05.24414557
- Can a U.C. ally actually be held accountable for war crimes in the ICC - Intercept 20.05.24414577
- ICC Prosecutor Formally Applies for Arrest Warrants for Israeli, Hamas Leaders - Truthout 20.05.24415355
- Trying to arrest Netanyahu could actually make him more powerful: An International Criminal Court prosecutor seeks to indict Israel’s prime minister — but opponents of the wa…414931
- The British government must act now in response to applications for arrest warrants issued by ICC prosecutor - Palestine Solidarity Campaign 20.05.24414870
- Experts react: The ICC prosecutor wants Netanyahu and Hamas leaders arrested for war crimes. What’s next? - Atlantic Council 20.05.24414959
- International Criminal Court (ICC): What's its role in prosecuting war crimes? - Euronews 20.05.24414953
- Video: World reacts to ICC prosecutor seeking Israel, Hamas arrest warrants - Al Jazeera 20.05.24414547
- Video: Exclusive: ICC Prosecutor Seeks Arrest Warrants for Netanyahu & Hamas Leaders | Amanpour and Company - CNN 20.05.24 (long version)414561
- Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine - ICC 20.05.24414545
- The ICC’s threat to arrest Binyamin Netanyahu has shocked Israel: America and Israel have reacted with outrage at the implied equivalence between Israel and Hamas - The Econo…415122
- MFA response to the ICC prosecutor’s decision: Israel is operating in Gaza in order to defend its citizens.. all this is being carried out in accordance with international la…414963
- European leaders divided on ICC arrest warrant bid for Netanyahu - Politico 20.05.24417503
- ICC prosecutor seeks arrest warrants for Israeli PM and Hamas officials for war crimes - Guardian 20.05.24414535
- The ICC’s milestone decision - New Statesman 20.05.24417171
- Amal Clooney Publishes Expert Report Supporting ICC Arrest Warrant Applications for Crimes in Israel and Palestine - Clooney Foundation For Justice 20.05.24414799
- Video: Int’l Criminal Court Seeks Arrest Warrants for Netanyahu, Gallant & Hamas Leaders for War Crimes - DN 20.05.24414530
- ActionAid Welcomes ICC’s Steps Towards Accountability and Justice - ActionAid International 20.05.24415879
- European leaders divided on ICC arrest warrant bid for Netanyahu: Reactions ranged from welcoming the International Criminal Court’s decision to slamming it as “appalling” an…415136
- South Africa welcomes ICC prosecutor seeking warrants for Israel, Hamas leaders - Reuters 20.05.24415131
- Biden says what's happening in Gaza isn't genocide amid ICC warrant request - Axios 20.05.24415074
- ICC Seeks Arrest Warrants for Israeli and Hamas Leaders - Anti War 20.05.24414740
- Biden says what's happening in Gaza 'not genocide': The president emphasized his backing of Israel, aiming to quell frustrations he’d conditioned aid - Politico 20.05.24415141
- Video: Israel Gaza War Crimes | Amal Clooney Advised ICC Prosecutor Who Seeks Arrest Warrants - CNN News18 20.05.24 (?)414548
- Can a U.S. ally actually be held accountable for war crimes in the ICC? - Intercept 20.05.24417188
- Video: International Criminal Court prosecutor seeks arrest warrants for Israel PM and Hamas leaders - Channel 4 News 20.05.24414546
- 'Nobody Is Above the Law': ICC Prosecutor Seeks Arrest Warrants for Israel, Hamas Leaders - CD 20.05.24414531
- Johnson threatens ICC sanctions vote over Netanyahu arrest warrant application - Axios 20.05.24415075
- ICC seeking arrest warrants for Hamas leaders and Israel’s Netanyahu - UN News Center 20.05.24414843
- Europe, Israel and the International Criminal Court - Politico 20.05.24417489
- ICC scores resounding rebuke from Democrats - Axios 20.05.24415073
- Panel of Experts Publishes Report Supporting ICC Arrest Warrant Applications for Crimes in Israel and Palestine - EJIL:Talk! 20.05.24414798
- Amal Clooney advised ICC prosecutor who seeks arrest of Israel and Hamas leaders - Guardian 20.05.24414538
- World reacts to ICC prosecutor seeking Israel, Hamas arrest warrants - Al Jazeera 20.05.24414542
- ICC’s Karim Khan: a prosecutor in a hurry to effect international law - Guardian 20.05.24414558
- Is the ICC going to issue arrest warrants for Israel and Hamas leaders? ICC Chief Prosecutor Karim Khan wants arrest warrants for five people, including Israeli PM Netanyahu …414828
- The United States fundamentally rejects the announcement today from the prosecutor of the International Criminal Court: Department Press Briefing – May 20, 2024 - United Sta…414841
- Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine - International Criminal Court 20.05.24414601
- Video: ICC seeks arrest warrants for Hamas and Israeli leaders - CNN 20.05.24414550
- Is the ICC going to issue arrest warrants for Israel and Hamas leaders? - Al Jazeera 20.05.24414541
- Netanyahu and Gallant Charged with International Crimes of Extermination, Persecution and Starvation in the Situation in Palestine - Palestinian Centre for Human Rights 20.05…414770
- Video: When he received threats not to go after Israel, @KarimKhanQC reveals "a senior leader" told him the ICC "is built for Africa and for thugs like Putin", and not for th…414562
- Biden and Blinken Accuse I.C.C. Prosecutor of Falsely Equating Israel and Hamas - NY Times 20.05.24414571
- The ICC’s threat to arrest Binyamin Netanyahu has shocked Israel - Economist 20.05.24417490
- Israel/Palestine: ICC Prosecutor Requests Arrest Warrants - Human Rights Watch 20.05.24414793
- The era of impunity for Israeli decision-makers is over - B'Tselem 20.05.24414698
- Video: Sec. Blinken denounces ICC arrest warrants for Israeli, Hamas leaders - ABC News 20.05.24414549
- ICC Prosecutor Seeks Arrest Warrants for Israeli Officials - The American Israel Public Affairs Committee AIPAC 20.05.24414902
- ICC prosecutor seeks arrest warrants for Netanyahu and Hamas leaders - BBC 20.05.24414544
- Experts react: The ICC prosecutor wants Netanyahu and Hamas leaders arrested for war crimes. What’s next? - Atlantic Council 20.05.24414578
- Warrant Applications by the International Criminal Court: Press Statement, Secretary Antony J. Blinken - U.S. Department of State 20.05.24414887
- Samidoun statement on the International Criminal Court, the Resistance, and justice for Palestine - Samidoun Palestinian Prisoner Solidarity Network 20.05.24415878
- What is the ICC and why it is considering arrest warrants for Israeli and Hamas leaders? - PBS 20.05.24414928
- 'War Crimes Are War Crimes': Biden Rebuked for Decrying ICC Bid to Arrest Israeli Leaders - CD 20.05.24414574
- Gazans, Hamas see false equivalence in ICC charges - Middle East Monitor 20.05.24414874
- LPHR statement on a seminal step for legal accountability following the ICC Prosecutor’s application for arrest warrants against Israel and Hamas leadership - LPHR 20.05.24415883
- Biden calls ICC prosecutor’s request for Netanyahu arrest ‘outrageous’ as Israeli PM says he is ‘disgusted’ – live - Guardian 20.05.24414534
- Sanders Statement on ICC Seeking Arrest Warrants for Israeli and Hamas Leaders - Senator Sanders 20.05.24414890
- ICC Prosecutor Seeks Arrest Warrants for Netanyahu, Hamas Leader Sinwar: International court prosecutor says there were grounds to believe the men bore responsibility for war…414925
- US lawmakers slam ICC prosecutor’s Israel arrest warrant requests - Al Jazeera 20.05.24414540
- J Street Responds to ICC Prosecutor’s Request for Arrest Warrants - J Street 20.05.24414913
- A crushing blow for Israel and a massive gamble by the ICC: The question of how the US responds to this now becomes critical - Financial Times 20.05.24414806
- Open Society Urges Respect for ICC’s Independence After Prosecutor Seeks Arrest Warrants for Senior Israeli and Hamas Officials - Open Society Foundations 20.05.24414831
- Potential ICC Arrest Warrants In Israel/Gaza: 5 Things To Know, The ICC Case Is Not About Genocide - Forbes 20.05.24414837
- J Street Responds to ICC Prosecutor's Request for Arrest Warrants - J Street 20.05.24414858
- Can a U.S. Ally Actually Be Held Accountable for War Crimes in the ICC? ICC warrants against Israeli officials would mean they can’t travel — and their patrons in the U.S. wo…414916
- AJC Statement on ICC Prosecutor’s Pursuit of Arrest Warrants - American Jewish Committee (AJC) 20.05.24414924
- Palestine/ Israel: ICC Prosecutor’s Application for Arrest Warrants Is a Significant Step towards Addressing Impunity in the Gaza Conflict - ICJ – International Commission of…414842
- Biden calls ICC prosecutor’s decision to seek arrest warrant for Netanyahu ‘outrageous’: GOP senator, House speaker suggest ‘damning sanctions against ICC - The Times of Isra…414864
- Global Rights Compliance welcomes the ICC Prosecutor’s landmark application for arrest warrants against Netanyahu and Gallant for the first time in the ICC’s history on the w…414867
- What to Know About the I.C.C. Prosecutor’s Request for Warrants for Israeli and Hamas Leaders - New York Times 20.05.24414836
- Why we support ICC prosecutions for crimes in Israel and Gaza: From Lord Justice Fulford, Judge Theodor Meron CMG, Amal Clooney, Danny Friedman KC, Baroness Helena Kennedy LT…414800
- Republican lawmakers blast ICC over Netanyahu warrant - Politico 20.05.24414575
- "Not a blow that Israel can shrug off": "Globes" examines the consequences of the application by the prosecutor of the International Criminal Court for arrest warrants again…414840
- Biden denounces ICC for ‘outrageous’ implication of equivalence between Israel and Hamas - CNN 20.05.24414846
- FIDH welcomes the ICC Prosecutor’s historic requests for arrest warrants in the Palestine situation - FIDH 20.05.24414839
- Palestinian NGOs Urge ICC to Intervene to Prevent Genocidal Massacre in Rafah, Issue Arrest Warrants for Israeli War Cabinet Members - Palestinian Centre for Human Rights 17…414769
- The ICC Challenge is Political and Strategic, not Legal - Kohelet Policy Forum 16.05.24414857
- ICC prosecutor faces demand for action against Israeli leaders and Russian attack over Putin warrant - AP 15.05.24414570
- International Criminal Court's chief Prosecutor faces fiery criticism at UN Security Council - MEM 14.05.24414564
- Israel, Palestine and the International Criminal Court: What You Need to Know - J Street 14.05.24414862
- Israel/Gaza: Threats against the ICC promote a culture of impunity, say UN experts - UNHR 10.05.24414565
- US Republican senators threaten ICC prosecutor over arrest warrant against Netanyahu - MEM 08.05.24414572
- Prioritizing Gaza Crimes at the ICC and Anticipated Arrest Warrants - Law for Palestine 08.05.24415087