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Israel is seeking to invalidate the ICC's arrest warrants for fugitive Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged crimes against humanity and war crimes.
Appellate judges at the embattled International Criminal Court on Monday rejected Israel's attempt to block an investigation into alleged Israeli war crimes committed during the Gaza genocide.
The ICC Appeals Chamber dismissed an Israeli challenge to the assertion that the October 7, 2023, attacks and subsequent war on Gaza were part of the same ongoing "situation" under investigation by the Hague-based tribunal since 2021. Israel argued they were separate matters that required new notice; however, the ICC panel found that the initial probe encompasses events on and after October 7.
The ruling—which focuses on but one of several Israeli legal challenges to the ICC—comes amid the tribunal's investigation into an Israeli war and siege that have left at least 250,000 Palestinians dead, maimed, or missing and 2 million more displaced, starved, or sickened.
The probe led to last year's ICC arrest warrants for Israeli Prime Minister Benjamin Netanyhau and former Israeli Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity, including murder and forced starvation. The ICC also issued warrants for the arrest of three Hamas commanders—all of whom have since been killed by Israel.
Israel and the United States, neither of which are party to the Rome Statute governing the ICC, vehemently reject the tribunal's investigation. In the US—which has provided Israel with more than $21 billion in armed aid as well as diplomatic cover throughout the genocide—the Trump administration has sanctioned nine ICC jurists, leaving them and their families "wiped out socially and financially."
The other Hague-based global tribunal, the International Court of Justice, is currently weighing a genocide case against Israel filed in December 2023 by South Africa and backed by more than a dozen nations, as well as regional blocs representing dozens of countries.
University of Copenhagen international law professor Kevin Jon Heller—who is also a special adviser to the ICC prosecutor on war crimes—told Courthouse News Service that “the real importance of the decision is that it strongly implies Israel will lose its far more important challenge to the court’s jurisdiction over Israeli actions in Palestine."
Although Israel is not an ICC member and does not recognize its jurisdiction, Palestine is a state party to the Rome Statute, under which individuals from non-signatory nations can be held liable for crimes committed in the territory of a member state.
The Israeli Foreign Ministry condemned Monday's decision, calling it "yet another example of the ongoing politicization of the ICC and its blatant disregard for the sovereign rights of non-party states, as well as its own obligations under the Rome Statute."
The Council on American-Islamic Relations (CAIR), a Washington, DC-based advocacy group, welcomed the ICC decision.
“This ruling by the International Criminal Court affirms that no state is above the law and that war crimes must be fully and independently investigated," CAIR said in a statement. "Accountability is essential for justice, for the victims, and survivors, and for deterring future crimes against humanity.”
"This is an atrocious downplaying of real antisemitism at a time when rampant Jew hatred is killing people," said an American congressional candidate and school shooting survivor.
Israeli Prime Minister Benjamin Netanyahu was swiftly criticized around the world on Sunday for trying to connect a deadly shooting that targeted a Hanukkah celebration at Bondi Beach in Sydney to the Australian government's decision to recognize Palestinian statehood.
Netanyahu referenced a letter he sent to Australian Prime Minister Anthony Albanese in August, after Albanese and Foreign Affairs Minister Penny Wong announced the decision, which followed similar moves from Canada, France, and the United Kingdom, amid Israel's assault on the Gaza Strip, which has been widely condemned as genocide.
As Netanyahu noted, he wrote to Albanese: "Your call for a Palestinian state pours fuel on the antisemitic fire. It rewards Hamas terrorists. It emboldens those who menace Australian Jews and encourages the Jew hatred now stalking your streets."
The Israeli leader shared a video and transcript of his commentary on the social media platform X, where Jasper Nathaniel, who reports on the illegally occupied West Bank, called it a "depraved response to a depraved act."
"Obviously massacring unarmed men, women, and children at a Hanukkah celebration is antisemitic terror," Nathaniel added in a separate thread. "Just like massacring unarmed men, women, and children in Gaza and the West Bank is anti-Palestinian terror. There are no moral exceptions regarding the slaughter of civilians."
Electronic Intifada director Ali Abunimah said, "Basically Netanyahu is saying that Australia got what it had coming for not supporting his genocide in Gaza even more than it already does."
Avi Meyerstein, founder of the Washington, DC-based Alliance for Middle East Peace, declared: "This is absurd. Calling to resolve the Israeli-Palestinian conflict with peace, security, and self-determination for all, recognizing Israel and Palestine both, is a call to reduce the flames and put everyone on a path toward a better future."
Cameron Kasky, who survived the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida and is now running for Congress as a Democrat in New York, also blasted Netanyahu over his comments, saying that "this is an atrocious downplaying of real antisemitism at a time when rampant Jew hatred is killing people."
The death toll in Australia has risen to 16, including one of at least two gunmen, and dozens more people were injured in the attack. A bystander who wrestled a gun away from one of the shooters has been identified by Australian media as Ahmed al Ahmed, a 43-year-old fruit shop owner and father. His cousin said that he was shot twice and had to get surgery.
Even Netanyahu recognized that in Australia, "we saw an action of a brave man—turns out a Muslim brave man, and I salute him—that stopped one of these terrorists from killing innocent Jews," but the Israeli leader then doubled down on what he called Albanese's "weakness."
Responding to Netanyahu, Assal Rad, a fellow at the Arab Center Washington, DC, said that "blaming Palestinian statehood, while committing genocide against them, is just another reminder that you want to erase Palestinians from existence."
"If you condemn the horrific, antisemitic attack in Bondi Beach while still defending genocide in Gaza, you're not actually outraged by the killing of innocent people," Rad also said. "It's not hard to condemn both, unless you think some lives are more valuable than others."
"For someone who claims to care about hostages, going to bat for a leader who sacrificed them for his own political survival... is the height of cynicism," said one Israeli critic.
US Sen. John Fetterman recently asked Israel's president to pardon Israeli Prime Minister Benjamin Netanyahu—who is on trial in his country for alleged bribery, fraud, and breach of trust—Talking Points Memo revealed on Thursday.
In a previously unreported December 2 letter sent to Israeli President Isaac Herzog and obtained by TPM, Fetterman (D-Pa.) asserted, “In a world this dangerous, I question whether any democracy can afford to have its head of government spending valuable hours, day after day, in a courtroom rather than the situation room."
“I believe there is a strong case to be made for a pardon—not to erase the past, but to secure the future," Fetterman added.
Netanyahu and US President Donald Trump have also asked Herzog to pardon the beleaguered Israeli prime minister, who in addition to facing domestic criminal charges is also a fugitive from the International Criminal Court, which last year issued a warrant for his arrest for alleged crimes against humanity and war crimes in Gaza.
Scoop, w the incomparable @kateriga.bsky.social: John Fetterman asked Israel's President to pardon Netanyahu in a previously unreported letter talkingpointsmemo.com/news/fetterm...
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— Josh Kovensky (@joshkovensky.bsky.social) December 11, 2025 at 10:03 AM
Fetterman has taken more than $370,000 in campaign contributions from the pro-Israel lobby, including the American Israel Public Affairs Committee, according to AIPAC Tracker. He has been an ardent supporter of Israel's US-backed genocidal war on Gaza, which has left more than 250,000 Palestinians dead, wounded, or missing and 2 million others forcibly displaced, starved, or sickened.
In addition to repeatedly opposing calls by progressive members of his own party for an arms embargo on Israel, Fetterman has amplified Israeli claims regarding the war, and even giddily accepted a silver-plated beeper gifted by Netanyahu following the September 2024 pager bombings that killed at least 20 people in Lebanon, including children.
Asked Thursday about his letter to Herzog, Fetterman said, "I fully support it" and called the TPM's reporting "a pointless distraction."
“I know you guys use things like leaks, but I don’t know who did that," he told TPM reporters Kate Riga and Josh Kovensky, who broke news of the letter.
Responding to theTPM article, Israeli journalist Etan Nechin said on social media that "for someone who claims to care about hostages, going to bat for a leader who sacrificed them for his own political survival... is the height of cynicism"—a reference to allegations that Netanyahu prolonged the war, and thus the release of the more than 250 Israelis and others abducted by Hamas during the October 7, 2023 attack, in order to delay his corruption trial.