The appeals chamber of the International Criminal Court (ICC) has dismissed an Israeli legal challenge aimed at halting the court’s investigation into alleged crimes committed during Israel’s war on Gaza, dealing a significant setback to efforts to obstruct the proceedings.
In a ruling issued on Monday, the judges upheld a lower court’s decision authorising the ICC prosecutor to continue investigating alleged war crimes and crimes against humanity linked to Israel’s assault on Gaza following the Hamas-led attack on southern Israel on October 7, 2023.
The decision allows the court’s Palestine investigation to move forward and keeps intact the arrest warrants issued in November last year against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
Israel, which does not recognise the ICC’s jurisdiction, has consistently denied committing war crimes in Gaza. The court had also issued an arrest warrant for Hamas leader Ibrahim al-Masri, but later withdrew it after receiving credible reports of his death.
At the centre of Israel’s appeal was the claim that the ICC prosecutor should have issued a fresh notification before investigating events after October 7, 2023.
Israel argued that the post-October 7 military offensive constituted a new situation, particularly in light of additional referrals made to the court since November 2023 by countries including South Africa, Chile and Mexico.
The judges rejected this argument, ruling that the notification issued in 2021,when the ICC formally opened its investigation into alleged crimes in the occupied Palestinian territory, already encompassed subsequent events.
As a result, they said no new notification was necessary, leaving the arrest warrants against Netanyahu and Gallant legally valid.
The ruling comes amid the continuing humanitarian toll of Israel’s assault on Gaza.
According to Gaza’s Ministry of Health, since a ceasefire took effect on October 11, 2025, at least 391 Palestinians have been killed, 1,063 wounded and 632 bodies recovered.
On the other hand, since October 7, 2023, the death toll has reached at least 70,663 Palestinians, with 171,139 injured, the ministry said.
The International Criminal Court (ICC), which prosecutes individuals for war crimes and crimes against humanity, is facing what is arguably the most challenging period in its 23-year history following the issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant in November 2024 over their conduct in the war on Gaza.
In announcing the warrants, the court said there were “reasonable grounds” to believe that Netanyahu and Gallant had “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival,” including food, water, medicine, fuel and electricity, noting that the finding covered only part of the allegations against them.
The move has triggered a fierce backlash, with US President Donald Trump responding by imposing sanctions on key ICC officials, including judges and prosecutors involved in the case.
The post ICC dismisses Israeli bid to halt Gaza war crimes investigation appeared first on Maktoob media.
