Israel does not recognize the jurisdiction of the International Criminal Court (ICC) due to not signing the Rome Statute, which established the court. However, this does not exempt its citizens from potential prosecution by the court. The ICC has been investigating possible crimes committed by Israel since 2014 in Gaza, the occupied West Bank, and occupied East Jerusalem. The investigation, initiated in March 2021, was referred to the court by the Palestinian Authority, which adopted the ICC’s mandate in 2015 as the State of Palestine.
The ICC determined that it has jurisdiction over the conflict, with a majority decision extending this jurisdiction to Gaza, the West Bank, including East Jerusalem. In response, Israeli officials, including Netanyahu, expressed concerns about potential arrest warrants for Israeli officials, emphasizing the importance of upholding international law and justice. Netanyahu highlighted the historical context of the ICC's establishment post-Holocaust and defended Israel's right to self-defense.
In contrast, Palestinian leaders signed the Rome Statute in 2015, granting the ICC jurisdiction over actors in Gaza and other Palestinian territories, including Hamas. This extension of jurisdiction underscores the complex legal landscape surrounding the Israeli-Palestinian conflict and the differing perspectives on international legal mechanisms for addressing alleged crimes.
