The core legal question centers on whether the Prosecutor's investigation since the start of the Israeli war on Gaza represents a "new situation" requiring fresh notification to states, or whether it falls within the scope of Palestine's original 2018 referral to the ICC.
The ICC's Appeals Chamber, comprising Judge Tomoko Akane (Presiding), Judge Gocha Lordkipanidze, and Judge Erdenebalsuren Damdin, concluded that no new situation had arisen and that the investigation maintains consistent parameters dating back to the original referral.
The original request covers "past, ongoing and future crimes within the court's jurisdiction, committed in all parts of the territory of the State of Palestine," it concluded.
By majority, the chamber confirmed the earlier decision authorising arrest warrants against Netanyahu and former Defense Minister Yoav Gallant, marking a decisive development in ongoing international legal efforts to pursue accountability for crimes committed Israel during its genocidal war on Gaza and across the occupied Palestinian territories.
The warrant, issued at the request of Chief Prosecutor Karim Khan, states that Netanyahu and Gallant bear criminal responsibility for war crimes and crimes against humanity, including "the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts."
The warrants has prompted pushback from the United States, which imposed sanctions on ICC judges, and Hungar which defied its obligations as an ICC state party by welcoming Netanyahu despite the arrest warrants.
On 22 May 2018, the State of Palestine asked the International Criminal Court to investigate crimes committed across its territory.
Nearly three years later, on 3 March 2021, the ICC announced the start of an investigation into the situation in Palestine, covering crimes that fall under the court’s jurisdiction since 13 June 2014.
Israel's response to this investigation was swift, arguing in April 2021 that the court lacks jurisdiction, and that Israeli courts "will continue to examine and investigate rigorously all allegations of misconduct or crimes."
Time and again, Israeli courts have investigated reported crimes, abuse and torture of Palestinian prisoners, conduct of soldiers throughout successive wars, and complex legal questions about the occupation, annexation, and governance of Palestinian lands, which have rarely been resolved to the satisfaction of victims, and have even been condemned numerous times by international onlookers.
Following the start of the Israeli war on Gaza, South Africa, Bangladesh, Bolivia, Comoros, and Djibouti submitted new referrals to the ICC in relation to the pending case.
Despite the ceasefire, crimes and genocide persist
Earlier on Monday, Israeli occupation forces carried out airstrikes and heavy gunfire across southern and central Gaza, hitting Rafah, al-Bureij refugee camp, and parts of Khan Younis. At least two Palestinians were killed, and six others were wounded over the past 24 hours.
Since the ceasefire, brokered by Cairo, Doha, Ankara, and Washington, took effect on 11 October, Israeli attacks have killed at least 393 Palestinians and injured 1,068 others, according to Palestinian figures. The latest attacks follow a deadly Israeli strike on Saturday in western Gaza City, where an air attack hit a civilian vehicle, killing five people and injuring more than 25 others.
In a recent legal briefing, Amnesty International said Israeli authorities are still deliberately imposing conditions of life “calculated to bring about the physical destruction” of Palestinians — a central element of genocide under international law. This includes severe restrictions on humanitarian aid, obstruction of medical evacuations, and the prevention of critical infrastructure repairs.
Amnesty Secretary General Agnès Callamard said Israel has shown “no evidence” of a change in intent since the ceasefire was announced on 9 October. “The world must not be fooled. Israel’s genocide is not over,” she said, accusing Israel of sustaining policies that leave Palestinians facing “slow death” from hunger, disease, exposure, and displacement.
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