International Criminal Court in Israel – Palestine Hostilities: Exploring the Jurisdictional Basis of the Court in the Situation in Palestine
Volume 6, Issue 2, 2025, pp. 11-23
ABSTRACT: After six months of uncertainty, the PTC I of ICC finally issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant on November 21, 2024. The Chamber has made this pathbreaking decision despite numerous reports of intimidation against the court officials from Israel and other countries. The Chamber has also rejected an Article 19(2) challenge on jurisdiction by Israel, citing the challenge being premature. However, the Chamber reiterated that Israel can challenge the jurisdiction or admissibility of the case once the Chamber issues arrest warrant. This necessitates a wider analysis of the Court’s jurisdiction in the Situation. This paper will analyse the jurisdictional debate concerning the ICC’s involvement in the Situation of Palestine in the light of the Pre-Trial Chamber’s territorial jurisdiction judgment as well as Pre – Trial Chamber’s approach in similar cases, including, the recent decision on the failure of Mongolia to arrest Putin.