Will ICC warrants be dismissed due to bureaucratic errors?

Israel argued that Khan had not given the country formal notice of the ICC investigation or sufficient time to respond to the probe.

By World Israel News Staff

International Criminal Court (ICC) prosecutor Karim Khan expressed his objection on Tuesday to an appeal of the warrants issued against Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, but numerous bureaucratic issues may render the warrants invalid.

In November 2024, the ICC approved the warrants, sparking condemnation from Israel and its ally, the United States.

With incoming President-elect Donald Trump and Congress signaling that they will take punitive action against the ICC and its staff, along with several European countries stating they will reject the warrants, the ICC may be considering dropping the warrants.

However, international pressure from numerous pro-Palestinian groups may prevent the Court from formally cancelling the warrants.

Bureaucratic issues raised by Israel in its appeal of the warrants could potentially provide an off-ramp for the ICC, allowing them to withdraw the warrants while saving face.

In the appeal, Israel argued that Khan had not given the country formal notice of the ICC investigation or sufficient time to respond to the probe.

Khan’s objection to that claim, which was published on Tuesday, was that he had warned Israel several times in public statements over the years that he was looking into the possibility that Jerusalem was committing war crimes.

A 2021 notice, issued shortly after the Guardian of the Walls conflict, constitutes adequate warning, Khan contended.

Because Khan accused Israel of “starvation” in Gaza, Jerusalem argued, he needed to officially inform Israel of that accusation and give the government enough time to prepare a response.

Another issued raised by Israel was that Jerusalem, like the U.S., is not a signatory of the Rome statute. Therefore, Israel argued, the court does not have jurisdiction over the Jewish state.

A lower court within the ICC could re-examine the issues raised by Israel and Khan, which would delay a potential criminal case against Netanyahu and Gallant or possibly lead to the expiration of the warrants.