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 ⬇️
- ICC opens investigation into war crimes in Palestinian territories - Guardian 03.03.21237519
- International Criminal Court opens Israel-Palestine war crimes probe - Axios 03.03.21415082
- Palestine at the ICC: Pitfalls and Potential - Arab Center Washington DC. 01.03.21415094
- Is International Criminal Justice Coming for Israel? - Arab Center Washington DC. 17.02.21415095
- Finkelstein: Palestine’s ICC victory thwarted by Israel’s apartheid reality - The Grayzone 14.02.21249835
- Palestine/Israel: ICC decision an important step towards accountability for crimes under international law - ICJ – International Commission of Jurists 08.02.21415061
- ICC’s “Landmark Decision” Could Open Door to Prosecuting Israel for War Crimes in Palestine - Democracy Now 08.02.21234720
- Israel will ask allies to pressure ICC prosecutor against opening war crimes investigation - Axios 07.02.21415080
- Israel/Palestine: ICC Judges Open Door for Formal Probe, New Hope for Victims of Serious Crimes - Human Rights Watch 06.02.21415068
- 'Better Late Than Never': Palestinians Welcome ICC Decision Enabling War Crimes Probe of Israel - CD 06.02.21236965
- ICC rules it can investigate alleged war crimes in Palestine despite Israeli objections - Guardian 05.02.21234718
- U.S. has 'serious concerns' about International Criminal Court decision on Israel war crimes probe - NBC 05.02.21234719
- Trump administration coordinated ICC sanctions with Israel - Axios 11.06.20415081
- A seminal step towards legal accountability and justice: ICC Prosecutor announces she is ready to open an investigation into the situation in Palestine - Lawyers for Palestin…415065
- The Hague vs. Israel: Everything you need to know about the ICC Palestine probe - The Times of Israel 23.12.19403837
- Video: It Is Time to Indict Israel: Norman Finkelstein on Growing Push For ICC to File War Crimes Charges - Democracy Now 06.19188169
- Israel lodges official protest to International Criminal Court - Axios 14.08.18415083
- Hamas signs Palestinian application for ICC membership - Middle East Eye 12.02.15133894
- Abbas stopped Palestinian application to ICC (shame on him) - Middle East Eye 11.09.14133893
- Fatou Bensouda: the truth about the ICC and Gaza - Guardian 29.08.14403838
- Over 300 Survivors and Descendants of Survivors of Victims of the Nazi Genocide Condemn Israel’s Assault on Gaza 22.08.14133895
- It's time for the international criminal court to rule on the conduct of the Israeli army - Independent 14.08.14133896
- Israeli Backlash Follows UN Appointment of Gaza War Crimes Commission 12.08.14133897
- ACT! Support Palestine's complaint against Israel with ICC - AIC 11.08.14133898
- Israel-Gaza conflict: Palestinians consider joining ICC to prosecute Israelis for war crimes - Independent 11.08.14133899
- Netanyahu asks U.S. lawmakers to help fend off war crimes charges - Haaretz 07.08.14133900
- International criminal court urged to investigate Gaza 'crimes' - Guardian 05.08.14133901
- Palestine pushing for Hague Court probe into Israeli ‘war crimes’ in Gaza - RT 05.08.14133902
- Israeli official calls for concentration camps in Gaza and 'the conquest of the entire Gaza Strip, and annihilation of all fighting forces and their supporters' - Mail 04.08…133903
- No Weapons found in UN Facilities 31.07.14133904
- US Stands Alone in Vote Against UN Inquiry Into Gaza Assault 24.07.14133905
- Israel may be guilty of war crimes – UN Human Rights Chief - RT 23.07.14133906
- Palestinian Human Rights Lawyer Raji Sourani Likens Netanyahu to Bin Laden for Killing Civilians - DN 21.07.14133907
- UN must urgently investigate war crimes in Israeli-Gaza conflict – Amnesty Intl - RT 12.07.14133908
- Why is the west defending Israel after the ICC requested Netanyahu’s arrest warrant? It is disappointing, if not surprising, that the west’s response to the ICC accusations i…416102
- The human rights lawyer was part of a team convened by the ICC prosecutor that recommended war crimes charges against the leaders of Israel and Hamas - Washington Post 21.05…416103
- Global Rights Groups Back ICC Arrest Warrants for Israel's Netanyahu and Gallant - Common Dreams 21.05.24416105
- ICC should establish country office in Palestine to expedite its investigations - Euro-Mediterranean Human Rights Monitor 16.05.24416150
- ICC prosecutor weaponized international law in ‘incomprehensible’ way - The Times of Israel 27.05.24416157
- How six human rights lawyers dragged the International Criminal Court into a diplomatic nightmare: Several members of the ‘panel of experts’ appointed the ICC have been criti…416158
- Amal Clooney is one of the legal experts who recommended war crimes charges in Israel-Hamas war - AP News 20.05.24416159
- How Karim Khan took on the world to bring Israel to account - The National 26.05.24416162
- 'Irrelevant order of antisemitic court': Outrage sparked amid ICJ ruling: many politicians and various experts expressed their opinions on the ICJ and its ruling - Jerusalem …416173
- CIEL Statement on the ICC Prosecutor’s Application for Arrest Warrants for Israeli and Hamas Leaders - Center for International Environmental Law | CIEL 20.05.24416183
- Will ICC action deepen Israel’s international isolation? - Al Jazeera 21.05.24416187
- International Criminal Court Prosecutor Threatens United States Senators - Council on Foreign Relations 24.05.24416189
- US signals support for possible ICC sanctions over Israel warrants - BBC 21.05.24416200
- White House comes out against GOP bill to sanction ICC over Israel arrest warrants - The Times of Israel 29.05.24416204
- Netanyahu blasts Biden admin for rejecting GOP effort to sanction ICC - Politico 29.05.24416214
- Biden administration signals it will support push to hit ICC with sanctions: Move to censure International Criminal Court a sign of US anger over request for arrest warrants …416215
- House GOP drafts ICC sanctions as "precaution" - Axios 07.05.24416218
- Blinken hints at sanctions over ICC push for Israel arrest warrants - Al-Monitor 21.05.24416221
- Reps. Roy and Mast demand sanctions on ICC officials going after US, Israel - Representative Chip Roy 07.05.24416227
- Sec. Blinken’s View on Sanctions Against the ICC: A More Complete Picture - Just Security 22.05.24416534
- What the ICC Prosecutor Charged – and Didn’t Charge – in Gaza Warrants - Just Security 22.02.24416535
- The Fog of War Crimes: The authority of all justice systems, which depend on the public’s perception of their fairness and impartiality, is vulnerable to charges of moral hyp…416648