Dozens of countries, academics, and rights groups have submitted legal arguments either supporting or rejecting the International Criminal Court's authority to issue arrest warrants in its investigation into the war in Gaza and the Oct. 7 attacks by Hamas in Israel. The court's chief prosecutor, Karim Khan, has requested warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh for alleged war crimes and crimes against humanity in the Gaza Strip and Israel.
Israel strongly denies the court's request for warrants for its leaders, asserting compliance with international law during the conflict triggered by Hamas-led attacks. The issue of jurisdiction was previously determined in 2021, prompting legal expert Owiso Owiso to label the current debate as an academic exercise or a waste of resources.
The legal arguments primarily revolve around whether the court's power to issue warrants for Israeli leaders is superseded by a provision in the 1993 Oslo Accords peace deal. The Oslo Accords aimed to establish a two-state solution between Israel and the Palestinians, with the Palestinians agreeing not to have criminal jurisdiction over Israeli nationals.
While Israel did not submit written arguments, the United States contended that the Oslo Accords preserved Israel's exclusive jurisdiction over acts by its nationals, suggesting that Palestinians could not delegate jurisdiction to the court. However, some experts cautioned against this interpretation, warning of potential jurisdictional fragmentation.
The ICC, with 124 member states including Palestine but excluding Israel and the U.S., faces a complex legal landscape. The Palestinians argued that rejecting their ability to delegate jurisdiction would undermine justice and accountability, ushering in an era of impunity.
The ongoing legal dispute at the ICC is distinct from a separate case at the International Court of Justice, where South Africa has accused Israel of genocide in the Gaza conflict. The legal proceedings in both courts are expected to unfold over an extended period, shaping the future of international justice and accountability.
