ICC prosecutors have urged judges to reject Israel's request to cancel arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant while the court reviews its jurisdiction over Gaza and the West Bank.
In a 10-page document posted on the ICC's website on Wednesday, prosecutors assert there is "no basis" to revoke the warrants for Netanyahu and Gallant.
The warrants, issued in November, were based on findings that there was "reason to believe" they used "starvation as a method of warfare" by blocking humanitarian aid and deliberately targeting civilians during Israel's military actions against Hamas in Gaza. Israeli officials strongly deny these allegations.
The submission, signed on behalf of prosecutor Karim Khan (who is currently on leave while an investigation into sexual misconduct allegations is conducted), argues the investigation should proceed due to the ongoing and escalating nature of the crimes.
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Last month, appeals judges instructed a pretrial panel to revisit Israel’s challenge to the court’s jurisdiction. Israel contends the ICC lacks authority to issue warrants for Israeli officials since it is not a member state, though the court recognizes "The State of Palestine" as one of its 126 member countries.
In addition to the warrants for Netanyahu and Gallant, the ICC had also issued a warrant for Mohammed Deif, the head of Hamas' armed wing, for his role in the October 7, 2023, attacks that led to Israel’s offensive in Gaza. That warrant was withdrawn in February after his death was confirmed in an Israeli airstrike.