DaysofPal – The appeals chamber of the International Criminal Court (ICC) has rejected an Israeli legal challenge aimed at blocking an investigation into its actions during the genocidal war against the Palestinian people in Gaza, dealing a significant setback to Israel’s efforts to derail the case.
In a decision issued on Monday, ICC judges declined to overturn a lower court ruling that authorizes the prosecutor to continue investigating alleged crimes committed during Israel’s assault on Gaza following the Hamas-led attack on southern Israel on October 7, 2023. The ruling clears the way for the continuation of the court’s long-running Palestine investigation.
That investigation resulted in the issuance of arrest warrants in November last year for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant on charges of alleged war crimes and crimes against humanity. The appeals chamber’s decision confirms that those warrants remain valid.
Israel does not recognize the jurisdiction of the Hague-based court and has repeatedly denied committing war crimes in Gaza. Nevertheless, the ICC has maintained that it has jurisdiction over alleged crimes committed in the occupied Palestinian territory.
The court had also issued an arrest warrant for Hamas leader Ibrahim al-Masri in connection with the same investigation but later withdrew it following credible reports confirming his death.
Israel’s appeal centered on a procedural argument, claiming that the ICC prosecutor was required to issue a new notification before investigating events that occurred after October 7, 2023.
Israeli officials argued that the assault on Gaza constituted a new legal situation, citing additional referrals submitted to the court by seven countries since November 2023, including South Africa, Chile, and Mexico.
The judges rejected that claim, ruling that the original notification issued in 2021, when the ICC formally opened its investigation into alleged crimes in occupied Palestine, already encompassed subsequent events. As a result, the court concluded that no new notification was necessary.
The ruling comes amid the continued humanitarian catastrophe in Gaza. According to Gaza’s Ministry of Health, at least 391 Palestinians have been killed, 1,063 wounded, and 632 bodies recovered since a ceasefire took effect on October 11, 2025.
Since the start of Israel’s assault on October 7, 2023, the ministry reports that at least 70,663 Palestinians have been killed and 171,139 injured, underscoring the scale of devastation as international legal scrutiny of Israel’s actions deepens.
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