International Criminal Court & Israel
➡️ 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.
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.
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 ⬇️
- Deflating the Threat Posed by the International Criminal Court (ICC) - Israel Defense and Security Forum 08.05.24412196
- Could the International Criminal Court indict Binyamin Netanyahu? Rumours abound that an arrest warrant is imminent for Israel’s prime minister- The Economist 07.05.24412144
- Biden Should Not Stand in the Way of the ICC - Foreign Policy 07.05.24414569
- Palestine, UN Non-Member Observer Status and ICC Jurisdiction - EJIL:Talk! 06.05.24414803
- Seven questions (and answers) if the ICC issues arrest warrants for Israeli officials - Atlantic Council 06.05.24415103
- Netanyahu describes possible arrest warrants against Israelis as a “hate crime” - Spiegel 06.05.24414059
- ICC prosecutor calls for end to intimidation of staff, statement says - Reuters 03.05.24414567
- ICC demands end to threats against court amid Gaza war probe - Al Jazeera 03.05.24410762
- Video: ICC hits back at Israel's threats - SABC news 03.05.24414576
- ICC prosecutor Karim Khan says Israeli threats 'undermining' court's work - New Arab 03.05.24414563
- Video: USA, Israel Exposed For Threatening International Criminal Court? Chief Prosecutor Says… | Gaza War - Hindustan Times 03.05.24414579
- ICC Denounces Threats of Retaliation as Possible Netanyahu Arrest Warrant Looms - truthout 03.05.24414568
- The Take: Are Israeli officials under threat of ICC prosecution? - Al Jazeera 02.05.24413996
- Senators meet with ICC over concerns about possible Israel arrest warrants - Axios 02.05.24415076
- Israel fears the International Criminal Court will order Netanyahu's arrest: The president could be accused of being a war criminal for using hunger as a weapon against the p…410811
- Israel tells U.S. it will punish Palestinian Authority if ICC issues warrants - Axios 01.05.24415077
- Video: U.S. Hypocrisy Laid Bare as Biden Admin Claims ICC Can’t Prosecute Israel for War Crimes - DN! 01.05.24412934
- Why would Israel and its allies fear the ICC? - Al Jazeera 01.05.24410307
- US ‘does not support’ ICC probe into Israel - Middle East Monitor 30.04.24414875
- Congress threatens ICC over Israeli arrest warrants - Axios 29.04.24415078
- International Criminal Court considering issuing arrest warrant for Netanyahu - Euronews 29.04.24415139
- Netanyahu tells Biden he's worried about possible ICC arrest warrants - Axios 29.04.24415079
- Intl. community must support ICC’s work; Euro-Med Monitor warns against attempts to obstruct justice - Euro-Mediterranean Human Rights Monitor 28.04.24412801
- Bringing Justice Closer to Victims and Creating a Community of Practice? Some Thoughts on Ways to Implement the ICC OTP’s Policy on Complementarity and Cooperation - EJIL:Tal…414802
- War Unbound: Gaza, Ukraine, and the Breakdown of International Law - Foreign Affairs 23.04.24411199
- Is International Law Still Relevant after the Carnage in Gaza? - Arab Center Washington DC. 23.04.24415097
- The ICC can no longer ignore the genocide in Gaza - Al Jazeera 21.04.24410862
- Why does the International Criminal Court not have more support? America and Israel are not the only countries to reject the court’s authority - The Economist 21.04.24414936
- MCB Call for UK government to uphold international law as International Criminal Court Issues Arrest Warrants over Israel-Gaza - Muslim Council of Britain 21.04.24414945
- ICC prosecutor seeks to rob Israel of its right to self-defense: Karim Khan has decided his judgment supersedes that of democratic governments - Jewish News Syndicate 21.04.24414850
- ICC prosecutor seeks arrest warrants for Israeli PM and Hamas officials for war crimes - Guardian 20.04.24414847
- Reactions to ICC prosecutor's request for arrest warrants for Israeli, Hamas leaders - Reuters 20.04.24414947
- Netanyahu’s office hosts emergency talks on feared ICC warrants for PM, ministers - Times of israel 19.04.24415140
- The world court will rule on Germany’s support for Israel. That shows how geopolitics has changed - Guardian 09.04.24408166
- Israel’s status in the north of the Gaza Strip: group of leading legal scholars in Israel published a legal opinion regarding the status of Israel’s control over the north o…414604
- International Atrocity Crimes and Their Domestic Counterparts - Congressional Research Service 03.04.24413337
- At HRC: L4P Speaks about the Double Standards Policy (Russia-Ukraine vs. Israel-Palestine) and Calls States to Support the ICC Investigation Rather than Hinder it - Law for P…415088
- Pro-Palestine group files legal cases for war crimes against dual nationality Israel soldiers - Middle East Monitor 25.03.24404209
- The US congress tries to block Israel from facing justice for war crimes in the International Criminal Court - Canary 25.03.24404212
- US threatens to cut funding to Palestinian Authority if it obtains UN recognition, supports ICC case against Israel - Middle East Monitor 25.03.24404208
- The Implications of An ICJ Finding that Israel is Committing the Crime Against Humanity of Apartheid - Just Security 20.03.24404210
- Law for Palestine, Alongside International Coalition, Submits Communication to International Criminal Court Alleging Israeli War Cabinet for Genocide - Law for Palestine 20.0…415102
- International Coalition of 20 Institutions Submits Legal Analysis on Gaza to ICC - Law for Palestine 19.03.24415086
- Over 650 Chilean lawyers file ICC complaint against Israel for genocidal crimes against Palestinians - WAFA 12.03.24404211
- UK lawyer to oversee ICC investigation into alleged war crimes in Palestinian territories - Guardian 11.03.24403849
- ICC Prosecutor shows clear double standard when dealing with situation in Palestine - Euro-Mediterranean Human Rights Monitor 07.03.24412786
- Conduct of members of the Parliament of Australia, in relation to the situation in Gaza, Palestine: Accessorial Liability for genocide - Birchgrove Legal 04.03.34411024
- Three Challenging Policy Issues for the Prosecutor in the Israel-Hamas Situation - Council on Foreign Relations 27.02.24411652
- US asks world court not to call for Israeli pullout from Palestinian territories - Guardian 21.02.24403851
- Reactions to ICC prosecutor’s decision seeking warrants for Israeli, Hamas leaders - Al Arabiya 21.02.24414848
- World Court to Review 57-Year Israeli Occupation - HRW 16.02.24403847
- Is international justice relevant to prevent genocide in Gaza? - Justice Info 01.02.24410679
- Evidence given to ICC enough to prove Israel’s genocide in Gaza, says member of legal team - AA 31.01.24403843
- South Africa’s genocide case against Israel: The International Court of Justice explained - Chatham House 26.01.24403848
- Gaza: World Court Orders Israel to Prevent Genocide - HRW 26.01.24403844
- This momentous ICJ ruling may be brushed aside by Israel - but the US and UK can’t afford to ignore it - Guardian 26.01.24403850
- Explainer: The Israel-Hamas War and the International Criminal Court - JURIST Legal News & Research Services 25.01.24415053
- Palestinians welcome Chile and Mexico’s call for ICC probe into Gaza war - Al Jazeera 19.01.24403835
- Hamas hostage-taking must not go unpunished. The ICC must make a case against the terrorist group - Atlantic Council 17.01.24415104
- Hamas hostage-taking must not go unpunished. The ICC must make a case against the terrorist group - Atlantic Council 17.01.24405682
- Netanyahu says ‘nobody’ will stop Israel including Hague court - Financial Times 14.01.24415138
- Israel and the International Criminal Court - Jewish Virtual Library 12.01.24415066
- Israel faces charges of genocide at the International Court of Justice. Here’s why, and how Israel will respond. - The Forward 04.01.24414934
- The ICC Prosecutor’s Double Standards in the Time of an Unfolding Genocide - Opinio Juris 03.01.24415105
- Gaza: why Tunisia has not referred the situation to the ICC - Justice Info 21.12.23410682
- From Gaza to The Hague: Navigating the ICC Investigation and the Pursuit of Palestinian Justice - The Tahrir Institute for Middle East Policy 19.12.23415051
- International Criminal Court at the heart of world disorder: Palestine featured in many of the debates on the sidelines of this assembly but the Court is buffeted by internat…410683
- The Case for Prosecuting Israel for Genocide in Gaza - Arab Center Washington DC. 14.12.23415096
- Open letter to the Assembly of State Parties regarding the ICC Office of the Prosecutor’s engagement with the Situation in Palestine - Law for Palestine 09.12.23415089
- ‘Alarming’: Palestinians accuse ICC prosecutor of bias after Israel visit - Al Jazeera 09.12.23403846
- Open letter to the Assembly of State Parties regarding the ICC Office of the Prosecutor’s engagement with the Situation in Palestine - Third World Approaches to International…403880
- ICC prosecutor says Israel must respect international law - Reuters 03.12.23403845
- After visiting Israel and Ramallah, the ICC prosecutor says he will intensify investigations - AP News 03.12.23403839
- ICC prosecutor says Israel must respect international law - Reuters 03.12.23 415052
- ICC Prosecutor in Israel for First-ever Visit: 'Reason to Believe' Hamas Committed War Crimes on Oct 7 - Haaretz 02.12.23403841
- ICC’s credibility is waning following its attorney general’s secret visit to Israeli settlements - Euro-Mediterranean Human Rights Monitor 01.12.23412844
- Israel/Palestine: Joint Support for Call for a Conference of High Contracting Parties to the Fourth Geneva Convention 1949 - Human Rights Watch 22.11.23413645
- Palestine: the ICC Prosecutor under pressure: As the numbers of Palestinians killed in the Israeli response to Hamas attacks ratchets up, states and NGOs are pressuring the I…410684
- For years, Israel has denied that the International Criminal Court has jurisdiction over the Jewish state. After the Hamas attack, that changed - The Forward 15.11.23414935
- The ICC must investigate the crime of genocide in Gaza - Al Jazeera 06.11.23415923
- Israel/OPT: Joint Support for Call for a Conference of High Contracting Parties to the Fourth Geneva Convention 1949 - ICJ – International Commission of Jurists 02.11.23411036
- Statement of ICC Prosecutor on the Situation in the State of Palestine and Israel - UN News Centre 30.10.23415062
- ICC Prosecutor Visits Rafah Crossing on Egypt-Gaza Border Amid Israeli War Crimes Allegations - Haaretz 29.10.23403842
- The ICC has a chance to restore its reputation and prosecute Hamas for war crimes - Kohelet Policy Forum 19.10.23412405
- Could a warning by the ICC deter war crimes in Israel-Gaza conflict? - Al Jazeera 18.10.23403840
- Israel/Palestine: Videos of Hamas-Led Attacks Verified, ICC Has Mandate to Probe Attacks as War Crimes - Human Rights Watch 18.10.23413660
- Israel/Palestine: Letter to the Prosecutor of the International Criminal Court regarding the mandate of the ICC as to the current hostilities between Palestinian armed group…413662
- The weak hope of an ICC investigation into Palestine - Justice Info 13.10.23410686
- The International Criminal Court’s Failure to Hold Israel Accountable - Arab Center Washington DC. 12.09.23415093
- Palestine and the Rome Statute - Parliamentarians for Global Action 06.07.23415064
- The Palestinian Question and the Role of the ICC - Mykolas Romeris University 17.12.22415090
- Palestine at the ICC: Justice Delayed is Justice Denied - International Institute of Social Studies 01.12.22415091
- Amnesty Says ICC Israel Probe Should Include 'Crime Against Humanity of Apartheid' - CD 25.10.22313331
- Investigate war crimes during August offensive on Gaza - Amnesty 25.10.22312645
- Israel’s apartheid against Palestinians: a cruel system of domination and a crime against humanity: Amnesty International is calling on ICC to consider the crime of apartheid…415101
- The Implications of the International Criminal Court’s Investigation in Palestine in Light of Israel’s Refusal to Cooperate: Scenarios and Legal Solutions - Law for Palestine…415085
- This Time, the World and the International Criminal Court Is Watching - CD 28.05.21246872
- Biden revokes Trump's sanctions on International Criminal Court - Axios 02.04.21415084
- ICC Prosecutor initiates an investigation of the Situation in Palestine - Coalition for the International Criminal Court 09.03.21415063
- Israel Rejects ICC Decision to Launch Investigation - Jewish Virtual Library 03.03.21415067