Israel challenges ICC jurisdiction, legality of proceedings in official objection to case filing

Israel filed an official objection that questioned the legality of the ICC prosecutor's request to issue arrest warrants against Netanyahu and Gallant

International Criminal Court, The Hague (photo credit: WIKIMEDIA COMMONS/OSEVENO)
International Criminal Court, The Hague
(photo credit: WIKIMEDIA COMMONS/OSEVENO)

On Friday, Israel filed an official objection to the International Criminal Court in The Hague (ICC) and the legality of the prosecutor's request to issue arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. 

Regarding the objection, Israel submitted two comprehensive legal documents to the ICC.

The first document

In the first document, the state clarified that the court lacked authority regarding the case, questioning its jurisdiction.

Israel claimed that the court has no authority to discuss the Palestinian complaint against it, which recently led to the prosecutor's request to issue arrest warrants against the prime minister and the defense minister.

This is a fundamental issue that has been an issue with international action against Israel for years. Some 63 countries have submitted petitions supporting Israel's position on the matter, including the United States and Germany.

 INTERNATIONAL CRIMINAL COURT Prosecutor Karim Khan rewards Islamic terrorism, the writer charges.  (credit: Leonardo Fernandez Viloria/Reuters)
INTERNATIONAL CRIMINAL COURT Prosecutor Karim Khan rewards Islamic terrorism, the writer charges. (credit: Leonardo Fernandez Viloria/Reuters)

The second document

In the second document, Israel detailed how the plaintiff blatantly violated the court's constitution by denying Israel the opportunity to investigate claims independently.

The second document focuses on allegations of illegal and improper conduct on the part of the plaintiff. Israel claims that in recent months, the prosecutor advanced the investigation and the procedures for issuing arrest warrants in violation of the principle of complementarity enshrined in the Rome Statute. This means that the ICC must let the nation in question's legal system move first before the court takes any action.

According to Israel, the prosecutor was obligated to inform it about the materials being investigated and allow it to independently investigate the allegations against the state.

Israel's legal team in ICC case conducted thorough research

Official sources point out that the Israeli appeals to the tribunal were made after thorough legal work, and at present, among other things, given the prosecutor's pressure on the judges, it is described as a "campaign" to issue arrest warrants.

Further, Israel claims that for the tribunal to acquire authority, it must receive it from an authorized entity. According to Israel, the Palestinian Authority is not a sovereign state, a necessary condition for granting authority to the court.


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It should be noted that the procedure for issuing the warrants is confidential, so no early indications of the judges' decision are expected. This means that Israel could be surprised again, as it happened in May when it was discovered that the prosecutor had submitted a request to issue arrest warrants.

Official sources emphasized that the claims' content is not new, but the current appeal was made following recent developments in the legal proceedings.

The Foreign Ministry emphasized that various leading countries, including members of the ICC, organizations, and legal experts from around the world, share Israel's positions on these issues.

The ministry claims that there is no other democracy with an independent and respected judicial system that has received such discriminatory treatment from the prosecutor as Israel has.

However, the Foreign Ministry emphasized that Israel remains firm in its commitment to the rule of law and justice, noting that the state will continue to protect its citizens from the ongoing attacks and atrocities of Hamas and other terrorist affiliates of Iran per international law.