ICC Appeals Chamber Affirms Jurisdiction Over Gaza War Crimes Investigation

ICC Appeals Chamber Affirms Jurisdiction Over Gaza War Crimes Investigation
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The Appeals Chamber of the International Criminal Court (ICC) has rejected Israel’s appeal to halt the court’s investigation into alleged war crimes in the Gaza Strip, affirming by a 3–2 majority that the ICC has jurisdiction to continue its probe, Jurist News reported.

In a decision issued Monday, the chamber upheld an earlier ruling by the pre-trial chamber that alleged crimes committed in Gaza after the Hamas-led attack on Israel on October 7, 2023 fall within the scope of the prosecutor’s ongoing investigation into the situation in Palestine. That investigation, initiated in 2021 following a referral by Palestine, has resulted in arrest warrants being sought against Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for alleged war crimes and crimes against humanity.

Israel argued that it should have received a new formal notification under Article 18(1) of the Rome Statute for events occurring after October 7, 2023. The Appeals Chamber rejected this claim, finding that the original notification issued by the prosecutor covered all acts that may constitute crimes under the statute and was not limited to specific incidents or time frames.

The majority ruled that no “new situation” arose requiring a fresh notification, though two judges dissented, arguing the matter should be returned to the pre-trial chamber for reconsideration.

Israel’s Foreign Ministry condemned the ruling, describing it as politically motivated and asserting that the court disregarded the principle of complementarity and Israel’s judicial system. The United States, which is not an ICC member, has previously imposed sanctions on ICC officials over the investigation.

Human rights organizations have urged ICC member states to defend the court’s independence amid mounting political pressure. Legal scholars, including Professor Kevin Jon Heller of the University of Copenhagen, welcomed the decision, saying it reaffirmed the court’s jurisdiction and procedural integrity.

The ruling allows the ICC’s investigation into alleged crimes in Gaza to proceed.