ICC Judges Review Arrest Warrants for Gaza War

— A significant legal debate is unfolding as numerous countries, academics, and rights organizations submit arguments regarding the International Criminal Court's (ICC) authority to issue arrest warrants in connection with the ongoing conflict in Gaza and the October 7 attacks by Hamas. The ICC's chief prosecutor, Karim Khan, has requested warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and several Hamas leaders, alleging war crimes and crimes against humanity. Israel has firmly rejected these claims, asserting its compliance with international law amid the conflict. The influx of legal submissions is expected to delay the judges' decision on the warrants, despite a 2021 ruling affirming the ICC's jurisdiction over territories occupied by Israel since the 1967 war. International law expert Owiso Owiso criticized the revival of this issue, suggesting it had already been conclusively addressed. The legal landscape is further complicated by the Oslo Accords, which established that Palestinians do not possess criminal jurisdiction over Israeli nationals. While Israel has not submitted its own arguments, the United States has intervened, contending that the Oslo Accords maintain Israel's exclusive jurisdiction over actions by its nationals. Legal scholar Adil Haque warned that adopting the opposing argument could fragment the ICC's jurisdiction across numerous national laws and agreements. The Palestinians, in their filings, cautioned that accepting such arguments could lead to a detrimental shift in international law, prioritizing political maneuvering over justice. This case at the ICC is distinct from ongoing proceedings at the International Court of Justice, also located in The Hague, highlighting the complex legal challenges surrounding the Israeli-Palestinian conflict.