The International Criminal Court’s Appeals Chamber has overturned a prior decision by a lower court that dismissed Israel’s objection to the court’s jurisdiction in a case involving the Jewish state. The appellate judges determined that the lower chamber mishandled the matter and have now returned it for reconsideration.
Israel initially challenged the court’s legal standing to preside over the case, asserting that the ICC lacked jurisdiction. That challenge was rejected by the Pre-Trial Chamber, which claimed it was premature to address the issue. In response, Israel filed an appeal.
On Thursday, the Appeals Chamber ruled that the Pre-Trial Chamber erred by failing to fully examine Israel’s jurisdictional claims. The appellate body overturned the earlier decision and directed the lower chamber to re-evaluate and issue a proper ruling on the ICC’s authority in the case.
Following this development, the Appeals Chamber also dismissed Israel’s separate request to freeze existing arrest warrants and other legal measures tied to the initial ruling. The chamber reasoned that with the jurisdictional question reopened, the request had become irrelevant.
Additionally, Israel had asked the court to compel the Prosecutor to issue a revised notification concerning the investigation. That motion was denied by the Pre-Trial Chamber and subsequently appealed. However, the Appeals Chamber threw out that appeal as well, stating it did not meet the threshold for consideration. Two of the judges dissented from this decision.
Reacting to the court’s ruling, Foreign Minister Gideon Sa’ar reaffirmed Israel’s stance: “We said it from the start: The International Criminal Court in The Hague (ICC) doesn’t have, and never had jurisdiction to issue arrest warrants against Israel’s Prime Minister and its former Minister of Defense. Israel is not a member of the ICC and is not party to the ‘Rome Statute.’ The ICC Appeals Court instructed the Court today, to do what it should have done from the start: to make a determination with respect to jurisdiction. On this topic, there is only one correct answer: the Court has no jurisdiction over Israel. The warrants were issued unlawfully. They are null and void.”
{Matzav.com}