ICC Appeals Chamber has rejected Israel’s bid to pause the Palestine investigation, ruling that the 2021 notification covers events after the Hamas attack on 7 October 2023. The decision preserves arrest warrants issued in November 2024 for Benjamin Netanyahu and Yoav Gallant. Judges found no new notification was required before probing post-October 2023 conduct. Gaza’s Ministry of Health reports heavy casualties during the conflict.
ICC Appeals Chamber Rejects Israel’s Bid To Halt Gaza War‑Crimes Investigation
Members of the Palestinian Civil Defence search for the bodies of the Salem family in the rubble of their building, destroyed in 2023 in the Remal neighbourhood of Gaza City, December 15, 2025 [AFP]
The International Criminal Court (ICC) appeals chamber has dismissed an Israeli challenge seeking to block an investigation into alleged crimes connected to Israel’s military operations in Gaza. Judges refused to overturn a lower-court ruling that permits the ICC prosecutor to examine events that took place after the Hamas-led attack on southern Israel on 7 October 2023.
Key Ruling
The appeals chamber found that the original notification issued in 2021—when the ICC formally opened a situation in relation to occupied Palestine—already encompassed subsequent conduct and did not require a fresh notification before the prosecutor could investigate post-7 October 2023 events. As a result, the arrest warrants issued in November 2024 for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant remain in force.
Background
Israel does not recognise the ICC’s jurisdiction and has repeatedly denied accusations that it committed war crimes in Gaza. The court had also issued a warrant for a Hamas leader, Ibrahim al-Masri, which was later withdrawn after credible reports of his death.
Legal Issue On Appeal
Israel argued that the post-7 October offensive in Gaza constituted a new "situation" and that the prosecutor should have issued a new notification before proceeding. The state relied in part on additional referrals submitted to the court by seven countries since November 2023, including South Africa, Chile and Mexico. The appeals judges rejected that argument, holding the 2021 notification already covered later events and that no separate notice was required.
Humanitarian Context
The ruling arrives amid intense fighting and substantial reported civilian suffering. Gaza’s Ministry of Health reported that, since a ceasefire took effect on 11 October 2025, at least 391 Palestinians have been killed, 1,063 wounded and 632 bodies recovered. The ministry also reports that since 7 October 2023 some 70,663 Palestinians have been killed and 171,139 injured. These figures are those published by Gaza’s Ministry of Health and are cited here as reported.
Note: The court’s decision addresses procedural jurisdictional issues and does not itself determine the merits of the underlying allegations.
Observers say the appeals ruling clears the way for the prosecutor to continue gathering evidence and pursuing possible indictments related to the Palestine situation. The case is likely to remain politically sensitive and subject to further legal and diplomatic developments.
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