In a 10-page ruling, the court said that Israel "reiterates its previous arguments," referring to its first appeal, rejected last July, which argued that the court lacked jurisdiction to consider crimes committed in the Palestinian territories.
The court affirmed that it "is not obligated to discuss the issue of jurisdiction before executing the arrest warrants," explaining that the issuance of the warrants occurred within an "independent legal process" unrelated to the jurisdiction issue Israel is contesting.
Yedioth Ahronoth quoted Israeli sources as saying that the ceasefire agreement in Gaza will not officially affect the case, as the warrants relate to crimes committed between October 2023 and May 2024.
Last July, the court rejected an official Israeli request to cancel the arrest warrants and suspend the investigation, asserting that Article 19/7 of the Rome Statute does not apply to Israel's case, as it did not challenge the "admissibility of the case" but only "jurisdiction."
The Court's jurisdiction is based on its February 2021 decision recognizing Palestine as a State Party to the Rome Statute, giving it jurisdiction over crimes committed within the Palestinian territories occupied in 1967, including the West Bank and Gaza Strip. On March 3, 2021 , the Court's Office of the Prosecutor announced the opening of a formal investigation into the Palestinian situation.
On 23 September 2024, Israel submitted its objection to the Court’s jurisdiction, pursuant to Article 19/2 of the Statute.
On November 21 of the same year, Pre-Trial Chamber I issued arrest warrants against Netanyahu and Galant on charges of war crimes and crimes against humanity.
With American support, Israel began a genocide in Gaza two years ago, killing 67,967 people and wounding 170,179, most of them women and children. A famine claimed the lives of 463 Palestinians, including 157 children. A ceasefire and prisoner exchange agreement was reached under a plan proposed by US President Donald Trump, which went into effect on October 10.
