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Benjamin Netanyahu

Israel said on Friday it had submitted an 鈥榦fficial challenge鈥� to a request from the International Criminal Court prosecutor for an arrest warrant against prime minister Benjamin Netanyahu.

ICC prosecutor Karim Khan in May requested the court issue arrest warrants for Netanyahu and defence minister Yoav Gallant over alleged war crimes and crimes against humanity in Gaza.


Israel has waged war in Gaza against Hamas since the Palestinian Islamist group鈥檚 unprecedented attack on southern Israel on October 7.

鈥楾he State of Israel submitted today its official challenge to the ICC鈥檚 jurisdiction, as well as the legality of the prosecutor鈥檚 requests for arrest warrants against Israel鈥檚 prime minister and minister of defence,鈥� foreign ministry spokesman Oren Marmorstein said on X.

Khan also sought warrants against top Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohammed Deif on suspicion of war crimes and crimes against humanity.

The prosecutor dropped the application for Haniyeh on August 2 鈥榖ecause of the changed circumstances caused by Haniyeh鈥檚 death鈥� in Tehran on July 31, the ICC said in a statement this month.

According to Israel, Deif was killed by a strike on July 13 in southern Gaza, though Hamas denies he is dead.

The court is still weighing Khan鈥檚 application for an arrest warrant for Netanyahu and Gallant.

In August, Khan鈥檚 office urged the court to take action 鈥榳ith utmost urgency鈥�, saying that it was 鈥榮ettled law that the court has jurisdiction in this situation鈥�.

Israel鈥檚 military has killed at least 41,272 people in Gaza.

Unlike the International Court of Justice (ICJ), which deals with disputes between countries, the ICC tries individuals suspected of the most heinous crimes.

It is the world鈥檚 only independent court set up to probe the gravest offences, including genocide, war crimes and crimes against humanity.

However, it relies on its member states to carry out arrest warrants and has no police force of its own.

Khan鈥檚 charges against Netanyahu and Gallant include 鈥榮tarvation of civilians鈥�, 鈥榚xtermination鈥�, and 鈥榠ntentionally directing attacks against a civilian population鈥�.

US President Joe Biden has denounced Khan鈥檚 bid for arrest warrants for the Israeli officials as 鈥榦utrageous鈥�, saying 鈥榯here is no equivalence鈥攏one鈥攂etween Israel and Hamas鈥�.

Neither the United States nor Israel are members of the court, but accused parties are allowed to raise legal challenges even if they are not members.

The Israeli challenges were submitted to the court鈥檚 pre-trial judges, who will decide whether or not to issue arrest warrants, Israeli officials said on Friday.

Marmorstein said on Friday that Khan had failed 鈥榯o provide Israel with the opportunity to exercise its right to investigate by itself the claims raised by the prosecutor, before proceeding.鈥�