ICC Appeals Chamber Rejects Israel's Jurisdictional Challenge 3–2; Israel Abandons Formal Defense of War Crime Charges

The International Criminal Court's Appeals Chamber on or around May 13, 2026 rejected Israel's jurisdictional challenge to the admissibility of criminal proceedings against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, by a 3–2 majority. The ruling affirms that the ICC has jurisdiction over the charges against Israeli leaders related to post-October 7 events in Gaza, including alleged starvation as a weapon of war and deliberate attacks on civilians. Israel separately abandoned its formal defense against the war crime charges — a significant procedural development that may accelerate proceedings. Active ICC arrest warrants remain in force for Netanyahu and Gallant (issued November 2024). The US imposed sanctions on ICC Prosecutor Karim Khan and nine ICC judges in February 2025, and Khan has been on indefinite leave since May 2025. The ruling is seen as a major setback for Israeli legal strategy and further constrains Netanyahu's international travel to the 124 ICC member states obligated to arrest him. Draft warrants for National Security Minister Ben-Gvir and Finance Minister Smotrich have been reportedly prepared but not yet filed.