ICC Rejects Israel’s Appeal, Keeping Gaza War Crimes Probe Alive
Let me explain what’s happening with the International Criminal Court, because this decision is a big moment in the long-running legal battle over the war in Gaza. In a ruling that has drawn global attention, the ICC’s Appeals Chamber has rejected Israel’s attempt to block or delay the court’s investigation into alleged war crimes committed during the Gaza conflict. With this decision, the path has been cleared for the investigation to continue without interruption.
The judges refused to overturn an earlier ruling that allowed the ICC prosecutor to keep examining actions linked to Israel’s military campaign in Gaza following the Hamas-led attacks on southern Israel on October 7, 2023. Israel had argued that what happened after that date should be treated as a completely new situation, and that the prosecutor should have been required to issue a fresh legal notification before moving forward. That argument was not accepted. It was ruled that the notification issued back in 2021, when the ICC formally opened its investigation into alleged crimes in occupied Palestinian territory, already covered later developments.
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Because of this, arrest warrants issued last November remain in force. Those warrants target Israel’s Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, who are accused of war crimes and crimes against humanity. Israel does not recognise the ICC’s jurisdiction and has consistently denied committing any war crimes in Gaza. Israeli officials have criticised the ruling sharply, describing it as politically motivated and arguing that it ignores Israel’s own judicial system and its ability to investigate itself.
The appeal itself focused heavily on the principle of “complementarity,” which is part of the Rome Statute that governs the ICC. Under this principle, the court is meant to step in only when national authorities are unwilling or unable to genuinely investigate alleged crimes. Israel claimed it was denied the chance to demonstrate that its own legal mechanisms were addressing the allegations. While a minority of judges appeared sympathetic to that view, the majority ultimately disagreed, and the appeal was dismissed by a narrow margin.
This ruling comes as the humanitarian toll in Gaza continues to grow. Even after a ceasefire took effect in October 2025, hundreds of Palestinians were reported killed or wounded, and thousands of bodies have been recovered from the rubble. Since October 7, 2023, Gaza’s health authorities say tens of thousands have been killed and many more injured.
In simple terms, what this decision means is that the ICC investigation into Gaza is moving forward, the arrest warrants remain valid, and international legal pressure on Israel is not easing anytime soon.
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