ICC Rejects Israel's Appeal on Gaza War Crimes Probe

1 day ago 3

December 16, 2025 | 01:18 pm

TEMPO.COJakarta - The Appeals Chamber of the International Criminal Court (ICC) has rejected Israel’s challenge to the legitimacy of the ongoing ICC investigation into alleged war crimes committed in Gaza since October 2023.

In a ruling issued on Monday, as reported by Anadolu, the judges affirmed the previous decision by the pre-trial chamber. They concluded that there was no "new situation" that required the prosecutor to restart the investigation process from the beginning.

The Appeals Chamber determined that the investigation, which has included events since October 7, 2023, concerns "the same type of armed conflicts, concerning the same territories, with the same alleged parties to these conflicts" within the framework of the long-running Palestinian case.

Israel had argued that the scale of the conflict following October 7 constituted a fundamental change, triggering new legal obligations under Article 18 of the Rome Statute. The judges firmly rejected this argument, concluding that "no substantial change to the parameters of the investigation requiring new notification had occurred."

The ICC confirmed that the initial investigation, opened in 2021, had already encompassed war crimes committed "since June 13, 2014, with no end date."

This ruling strengthens the legal basis for the arrest warrants issued in November 2024 against Israeli leader Benjamin Netanyahu and former defense minister Yoav Gallant, who are accused of war crimes and crimes against humanity. Israel rejects the ICC's jurisdiction entirely.

While the judges acknowledged that the decision "does not impact, in any way, on the ability of States… to raise issues of admissibility for cases," the ruling effectively removes a major procedural obstacle to the continuation of the Gaza-related investigation.

Israel has killed nearly 70,700 people, mostly Palestinian women and children, and injured over 171,100 others in the violence in Gaza since October 2023.

Although a ceasefire has been in place since October 10, Israel continues to launch attacks on the Palestinian enclave.

The humanitarian conditions in Gaza have not improved, as Israel still restricts the entry of aid trucks, violating the humanitarian protocols of the ceasefire agreement.

Read: Senior Hamas Leader Killed in Gaza Strike, Israel Says

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