The International Criminal Court (ICC) has confirmed that its investigation into alleged war crimes in Gaza will continue, dismissing Israel’s request to halt or restart the probe.
In a decision issued on Monday, a five-judge appeals panel, led by Judge Tomoko Akane, upheld an earlier ruling by the pre-trial chamber, concluding that hostilities after October 2023 fall within the scope of the ongoing investigation and do not require new formal notification.
The court found that the latest clashes involve the same areas, actors, and types of violence already under investigation. Israel had argued that the scale of fighting following October 7, 2023 triggered new legal duties under Article 18 of the Rome Statute, which requires states to be notified when a fresh investigation is opened.
Israel also claimed that referrals from seven states after October 7 created a separate legal situation, and that the pre-trial chamber failed to properly respond.
The country insisted the prosecutor should have formally informed it of a new investigation, as Article 18(1) demands, giving Israel a chance to demonstrate that it was already investigating the same matters.
Although a notification was sent in 2021, Israel initially did not respond, instead questioning the ICC’s jurisdiction. Its position shifted when the court sought arrest warrants for senior officials, including Prime Minister Benjamin Netanyahu.
The appeals judges rejected Israel’s arguments, confirming the original investigation from 2021 covers alleged war crimes from June 2014 with no defined end date. ICC documents noted: “It has not been established that the Pre-Trial Chamber erred in finding that the Article 18(1) Notification includes ‘the starting point of the relevant timeframe’ and that the investigation is not limited to the incidents described in that notification.”
The judges added that Israel failed to show how the 2023 and 2024 referrals amounted to a new situation, with its submissions mostly focusing on changes to the case’s parameters.
Had the court ruled in Israel’s favor, existing arrest warrants would have been paused, requiring formal notification before proceedings could continue. The ruling ensures the investigation into Gaza’s alleged war crimes will move forward without delay.
