ICC Appeals Judges Uphold Gaza War Crimes Probe
In a decision released on Monday, the judges upheld a prior determination by the pre-trial chamber, concluding that there was no “new situation” that would compel the prosecutor to begin the procedure again or send a new notice to Israel.
According to the appeals chamber, the probe conducted since Oct. 2023 relates to “the same type of armed conflicts, concerning the same territories, with the same alleged parties to these conflicts” as those already being examined under the longstanding Palestine investigation.
Israeli authorities had maintained that the magnitude of the fighting after Oct. 7 constituted a fundamental shift, thereby activating fresh legal requirements under Article 18 of the Rome Statute.
The judges dismissed this argument, determining that “no substantial change to the parameters of the investigation requiring new notification had occurred.”
The court emphasized that the initial investigation, launched in 2021, already encompassed alleged war crimes committed “since June 13, 2014, with no end date.”
This judgment reinforces the legal foundation for arrest warrants issued in Nov. 2024 against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, who face accusations of war crimes and crimes against humanity.
Israel continues to deny the ICC’s authority and does not recognize the court’s jurisdiction.
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