ICC-01/18

Updated on 07/03/2025

Background

Read here detailed information on the procedural history of the Situation in the State of Palestine before the International Criminal Court.

Warrants of Arrest

On 21 November 2024, Pre-Trial Chamber I issued warrants of arrest for:

Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the former Minister of Defence of Israel, for alleged crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrests.

For more information see the Press Release.

On 21 November 2024, Pre-Trial Chamber I issued a warrant of arrest for:

Mohammed Diab Ibrahim AL-MASRI, commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the al-Qassam Brigades) for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.

The Prosecution had initially filed applications for warrants of arrest for two other senior leaders of Hamas, namely Mr Ismail Haniyeh and Mr Yahya Sinwar. Following confirmation of their deaths, the Chamber granted the withdrawal of the applications on 9 August 2024 and 25 October 2024, respectively. For more information see the Press Release.

On 26 February 2025, Pre-Trial Chamber I terminated the proceedings against Mr Al-Masri due to his death.

Scope of the investigation conducted by the Office of the Prosecutor into the Palestine situation

On 3 March 2021, the Office of the Prosecutor announced that the investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014.

In his 17 November 2023 Statement, the ICC Prosecutor confirmed that his office is presently conducting an investigation into the Palestine Situation, which encompasses “conduct that may amount to Rome Statute crimes committed since 13 June 2014 in Gaza and the West Bank, including East Jerusalem.” The Prosecutor added that the investigation is “ongoing and extends to the escalation of hostilities and violence since the attacks that took place on 7 October 2023”. He also reiterated that his Office has jurisdiction over “crimes committed on the territory of a State Party and with respect to the nationals of States Parties.”

In his 20 May 2024 Statement, the ICC Prosecutor reiterated that the investigation continues in light of “ongoing allegations and emerging evidence of international crimes occurring in Israel, Gaza, and the West Bank.” He confirmed that “[his] office is advancing multiple and interconnected additional lines of inquiry, including concerning reports of sexual violence during the 7 October attacks, and in relation to the large-scale bombing that has caused and continues to cause so many civilian deaths, injuries, and suffering in Gaza.”

The rights of victims to participate in proceedings and their communication with the Court

The ICC is the first permanent international criminal court which envisages active participation of victims at key stages of the proceedings (article 68(3) of the Rome Statute). Victims may participate, through their legal representatives, to submit their views and concerns where their interests are affected. Victims also  have the right to reparations for the harm they have suffered as a result of crimes falling within the ICC jurisdiction in case of a conviction (article 75 of the Rome Statute).

Victims who suffered harm as a result of crimes falling within the scope of the situation may communicate with the Court in a number of ways:

1. Any individual, group or State can send information to the Office of the Prosecutor regarding any alleged crimes in the Situation falling under the jurisdiction of the Court. Persons with such information, including affected communities of the situation, can communicate to the Office of the Prosecutor any relevant information for the purposes of the investigation on the following dedicated portal.

2. Victims of violence related to the Palestine Situation that may amount to crimes under ICC jurisdiction may also reach out to the ICC Registry with a view to being recognized as victims for the purpose of participation in criminal proceedings against one or more suspects.

   • For more information relating to these rights before the ICC, victims can contact the Victims Participation and Reparations Section ("VPRS") - the section within the ICC Registry responsible for assisting victims in the process of applying for participation in judicial proceedings, and reparations in case of a conviction,- at [email protected].

   • Relevant application forms for victims to participate in proceedings can be found on the ICC's general victims’ page under the heading 'Participation' (underneath the case-specific blue boxes), alongside relevant guidelines. Relevant links are provided hereunder for ease of reference. Currently, all relevant documentation is accessible in PDF format in English, French, Hebrew and Arabic.

Before filling in a victim application form, victims are advised to contact the VPRS to be provided with information and advice as to what participation in ICC proceedings generally entails, and what this means at the different stages of the process, currently and in the future. In addition, the VPRS provides trainings and advice as to how to fill in the form correctly (see also the Guidelines referenced above). Any forms received by the VPRS at the investigation stage are generally not yet transmitted to the Judges absent any judicial order or active judicial proceedings relating to one or more cases.

Victims’ safety and security

The security of victims is crucial. It is important that victims take preventive measures such as avoiding mentioning their involvement with the ICC to others or in public. It is also important to avoid anything that could expose victims and put them or other people at risk, such as talking to the media, or posting on social media, about their contact with the ICC.