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In a major win for Israel, the International Criminal Court’s Appeals Chamber reversed Thursday a key decision that previously allowed arrest warrants to proceed against Prime Minister Binyamin Netanyahu and former Defense Minister Yoav Gallant.

The case will now be sent back to the lower court, forcing it to properly consider Israel’s arguments that the ICC has no authority to intervene in the war in Gaza against the Hamas terror group, as Israel is not a signatory to the Rome statue of the court and the courtsl’s parent body, the UN, doesn’t recognize Gaza as a Palestinian state. This move effectively halts the case for now, potentially delaying it for months or even years.

Even though the warrants technically remain active, many ICC member countries will most likely ignore them until the jurisdiction issue is settled. The possibility that the lower court may ultimately throw out the warrants adds more weight to Israel’s position.

Some Rome statue signatories have already chosen to ignore the warrants, including Hungary, which hosted Netanyahu recently and did not arrest him.

The Appeals Court ruled that Israel’s challenge should not have been dismissed earlier. It criticized the lower court for moving forward without resolving whether the ICC even has the right to act against Israel in the first place.

The appeals judges concluded that the lower court had made a legal error by failing to properly consider Israel’s jurisdictional challenge. As a result, several legal actions tied to the arrest warrants are now considered irrelevant or frozen until the matter is revisited.

Israel has long argued that the ICC has no jurisdiction over its actions, pointing out that it’s not a member of the court and that the so-called state of Palestine doesn’t meet the legal criteria to grant jurisdiction. Additionally, Israel contends that the Oslo Accords and its own robust system for investigating military conduct make external interference unnecessary.

Foreign Minister Gideon Sa’ar welcomed the Appeals Court decision, saying, “We’ve said from the start—this court never had the authority to issue arrest warrants against Israeli leaders. Today’s ruling proves we were right. These warrants are illegal and should be void.”

Sources close to the case who spoke with the Jerusalem Post credit Deputy Attorney-General Gilad Noam for spearheading a shift in Israeli strategy, pushing for direct legal engagement with the ICC for the first time in years. His efforts led to Israel filing official legal briefs in two separate proceedings—one against the prosecutor’s actions, and another challenging the November 2024 lower court ruling.