ICC Warrants: Netanyahu's Legal Exposure Persists Beyond Premiership
The International Criminal Court's arrest orders for the former Israeli leader remain active regardless of his domestic political status, with immunity protections expiring upon his departure from office.
By Sakura McCarthy ·
Arrest warrants for Benjamin Netanyahu and former defence minister Yoav Gallant remain in force at the International Criminal Court, independent of whether Netanyahu retains his position as Israeli prime minister. The warrants, issued in November 2024, allege individual responsibility for war crimes and crimes against humanity in Gaza, including murder, persecution, and starvation as a method of warfare. Under Article 58(4) of the Rome Statute, these orders stay active unless the court explicitly withdraws them. ICC Deputy Prosecutor Nazhat Shameem Khan confirmed in September that no steps have been taken to revoke the warrants.
Israel disputes the court's jurisdiction, citing its non-membership in the Rome Statute. The ICC Appeals Chamber ordered the Pre-Trial Chamber to examine this challenge in April 2025 but declined to suspend the warrants during the review. Two Israeli appeals currently remain pending. While official capacity does not bar prosecution before the ICC, a change in domestic office affects claims of personal immunity under international law.
Personal immunity covers heads of state and government while in office but ends when they leave. Functional immunity, which covers official acts, continues after departure. Legal experts note that an exception for international crimes under functional immunity is increasingly established. Consequently, Netanyahu would retain only functional immunity if he steps down. This shift removes the shield that currently protects sitting leaders of non-member states from immediate detention by other nations.
Several governments have already contested the application of these warrants. France and Italy argued in late 2024 and early 2025 that immunities applied to Netanyahu. Hungary invoked Article 98 immunity obligations during its failure to arrest him in April 2025, a breach the ICC later confirmed. Despite these diplomatic maneuvers, the ICC relies on national authorities for enforcement as it lacks its own police force.
A change in government would expose Netanyahu to prosecution in national courts under universal jurisdiction. Turkey is already prosecuting him alongside ministers Israel Katz and Itamar Ben Gvir over the 2025 interception of the Global Sumud Flotilla. A July 2025 French ruling established that functional immunity does not shield former leaders from charges of genocide, crimes against humanity, or war crimes. Precedents such as the 1998 arrest of Augusto Pinochet in London support this legal framework.
The South Africa genocide case at the International Court of Justice proceeds separately, focusing on state responsibility rather than individual liability. Israel submitted counter-arguments in March 2026, and South Africa must reply by 22 November 2027. A final judgment is expected years away. Meanwhile, Netanyahu's domestic corruption trial continues. He has faced charges of bribery, fraud, and breach of trust since 2020 and requested a pardon from President Isaac Herzog in November 2025 without admitting guilt. Herzog's office suggested seeking an agreement outside court in April, while opposition leader Yair Lapid argues a pardon requires an admission of guilt and exit from political life.
Source: Middle East Eye
