ICC Prosecutor Rejects Israeli Objections to Gaza War Investigation, Defends Court’s Jurisdiction

The International Criminal Court (ICC) chief prosecutor, Karim Khan, has formally urged judges to reject Israel’s challenge to the court’s jurisdiction in the ongoing investigation into the 13-month conflict in Gaza, The Associated Press reports.

This response comes after Israel appealed the court’s authority following the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, and Hamas’ military chief.

The warrants, issued last year, accuse the individuals of crimes against humanity in connection with the war in Gaza. Netanyahu, who also faces corruption charges in Israel, denounced the warrants as “a black day in the history of nations” and vowed to contest the allegations.

While individuals cannot directly appeal an arrest warrant, the state of Israel has the right to challenge the overall investigation. In a December filing, Israel argued that it has the capacity to investigate its own leaders and that the ICC’s continued probe infringes upon its sovereignty.

However, Khan, in his 55-page response submitted on Monday, argued that the Rome Statute, the treaty that established the ICC, allows the court to prosecute crimes committed within the territory of its member states, regardless of the perpetrators’ nationality. Palestine, as a member state of the ICC, falls under this jurisdiction, according to the prosecutor.

Established in 2002, the ICC serves as a court of last resort for prosecuting individuals responsible for war crimes, crimes against humanity, genocide, and the crime of aggression. The court’s 125 member states include Palestine, Ukraine, Canada, and all countries within the European Union. However, numerous countries, including Israel, the United States, Russia, and China, do not recognize the ICC’s jurisdiction.