20 No. 78 JUSTICE International Criminal Court Proceedings. In March 2021, the Office of the Prosecutor (OTP) of the ICC received approval to open a formal criminal investigation, by a majority of a panel of three judges comprising the ICC’s Pre-Trial Chamber, into the “Situation in Palestine,” initially focusing on three sets of events: Israel’s military conduct during the 2014 Gaza conflict (Operation Protective Edge); settlement policies in the West Bank; and Israel’s use of force during the 2018–2019 violent border events along the Gaza border. The investigation proceeded slowly – until the outbreak of the war following October 7, 2023, when the Prosecutor dramatically accelerated the process.15 On May 20, 2024, ICC Prosecutor Karim Khan publicly announced that he had applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant relating to the ongoing hostilities. On November 21, 2024, Pre-Trial Chamber I unanimously granted the warrants. The charges center on war crimes – principally the use of starvation of the civilian population as a method of warfare and intentionally directing attacks against civilians – and crimes against humanity, including murder, persecution, and other inhumane acts. The Prosecutor simultaneously sought warrants against three senior Hamas leaders, all of whom were killed by Israel during the conflict. Under the ICC’s rules, enshrined in the Rome Statute, the ICC’s over 120 member states are generally obligated to arrest and surrender individuals subject to ICC warrants if found on their territory. Israel is not a party to the Rome Statute and does not recognize the ICC’s jurisdiction. Nevertheless, it has actively engaged in the legal proceedings, filing submissions challenging the warrants on both jurisdictional and procedural grounds – some of which have been dismissed, while others remain pending.16 Israel has also argued that the Prosecutor should be disqualified and the warrants vacated, citing serious allegations of sexual misconduct against Mr. Khan and subsequent concerns that the warrant applications were not the product of proper prosecutorial judgment but were driven by his personal interest in suppressing the allegations against him.17 Mr. Khan took a leave of absence in May 2025 and was formally removed from his position in July 2026, after the Assembly of State Parties found that he committed serious misconduct and breach of duty.18 The ramifications of the arrest warrants for Israel are serious and immediate. The warrants restrict the ability of Israel’s most senior leaders to travel and conduct foreign relations – any visit to a Rome Statute member state carries the risk of arrest. The public-image damage of equating Israel’s elected leadership with alleged war criminals is substantial. The investigation remains ongoing, and there are already reports that the OTP has requested additional arrest warrants – including, reportedly, against an Israeli member of Cabinet for actions in the West Bank – with further warrants possibly sealed, meaning Israel may not know of their existence until an arrest is attempted. The principle of complementarity – that the ICC defers to national legal systems that are willing and able to investigate and prosecute alleged crimes – is a foundational requirement of the Rome Statute. For the charges underlying the existing warrants, however, this defense faces a practical obstacle: as long as there is no domestic investigation of the specific allegations – whether through criminal proceedings or through a vehicle such as a national commission of inquiry – it will be more difficult for Israel to argue that its own system is addressing the matters before the Court. Criminal Proceedings in National Jurisdictions. A network of anti-Israel organizations is dedicating substantial resources to identifying individual Israeli soldiers and officials, tracking their movements abroad, and trying to initiate criminal proceedings against them in foreign jurisdictions. The legal avenues relied upon vary by jurisdiction and generally fall into three categories: based on the suspect’s dual citizenship with the forum state; passive personal jurisdiction based on the nationality of the purported victim; and universal jurisdiction, under which national legal systems establish criminal jurisdiction with respect to serious 15. International Criminal Court, Information for victims State of Palestine ICC-01/18 (updated March 7, 2025), available at https://www.icc-cpi.int/victims/state-palestine 16. Israel's Article 18 and Article 19 Submissions to the ICC (Sept. 2024), available at https://israelihl.mfa.gov.il/icc 17. Request to Disqualify the Prosecutor and for Ancillary Remedies, ICC-01/18-471-Anx1 (Nov. 19, 2025). 18. https://www.icc-cpi.int/news/statement-icc-office-prosecutor-asp-decision-disciplinary-proceedings-involving-prosecutor
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