In a decisive ruling on December 15, 2025, the International Criminal Court’s (ICC) Appeals Chamber rejected Israel’s latest attempt to halt its investigation into alleged war crimes in Gaza, paving the way for continued scrutiny of actions following the October 7, 2023, Hamas-led attack. This landmark decision upholds arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, intensifying international legal pressure amid a fragile ceasefire.
The Core of the ICC Ruling: No Need for a “Fresh Start”
Israel argued that events after October 7 constituted a “new situation,” requiring the ICC prosecutor to issue a separate formal notification before proceeding. The country cited additional state referrals from nations like South Africa, Chile, and Mexico since November 2023.
However, appeals judges ruled that the original 2021 investigation into the “Situation in the State of Palestine”—which already encompassed potential crimes in Gaza—sufficiently covered post-October 7 events. No new notification was necessary, preserving the probe’s continuity.
This overturns Israel’s procedural challenge, ensuring the investigation remains on a single track without resets that could delay or derail it.
Implications for Netanyahu and Gallant
Issued in November 2024, the warrants accuse Netanyahu and Gallant of war crimes and crimes against humanity, including using starvation as a method of warfare, murder, persecution, and intentionally targeting civilians.
The ICC found reasonable grounds to believe the pair bore responsibility for restricting humanitarian aid and other alleged violations during Israel’s military campaign aimed at dismantling Hamas.
With this appeal rejected, the warrants remain active, potentially complicating international travel for the leaders in the 124 ICC member states.
Israel’s Response: Rejection and Defiance
Israel, not a party to the Rome Statute, has consistently denied the ICC’s jurisdiction, asserting its own courts are capable of investigating any allegations—a principle known as complementarity.
The Foreign Ministry condemned the ruling as “politics in the guise of international law,” while officials reiterated that the Gaza operation was a legitimate defense against Hamas terrorism following the October 7 attacks.
Despite the ceasefire in effect since October 2025, reports indicate ongoing incidents, with Gaza’s Health Ministry citing post-truce casualties and recovered bodies amid dire humanitarian conditions.
A Fragile Ceasefire and Ongoing Toll
The war, triggered by Hamas’s October 7 assault, has devastated Gaza. Gaza health authorities report over 70,000 Palestinians killed and 171,000 injured since 2023, figures often referenced by the UN.
A ceasefire brokered in October 2025 has held tenuously, but aid restrictions and infrastructure destruction persist, exacerbating a humanitarian crisis.
The ICC probe also initially targeted Hamas leaders, though warrants were withdrawn following confirmed deaths.
This ruling addresses just one of several Israeli challenges; others contesting overall jurisdiction remain pending.
What This Means for International Justice
The decision reinforces the ICC’s authority over situations referred by states, even involving non-members like Israel, when crimes allegedly occur in member territories (Palestine joined in 2015).
For advocates of accountability, it’s a victory ensuring alleged atrocities—by all parties—face scrutiny. As the probe advances, potential trials could reshape debates on Gaza war crimes and the application of international humanitarian law.
