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Five years later, the same legal justifications were recently used by the Israeli government and pro-Israeli groups, as they attempted to challenge the request for arrest warrants issued against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
On 6 August 2024, barristers from 9BRI submitted a brief to the ICC on behalf of the Israel-based International Association of Jewish Lawyers, questioning the rationale for the arrest warrants request.
Among other things, the brief noted that “the State of Israel [is] a democratic State with a robust and well-respected system of criminal law enforcement, including multifaceted legal oversight mechanisms led by its Attorney General”.
A rebuttal for this latest brief was not needed this time.
On 21 November 2024, the ICC rejected Israel’s challenge, and ultimately issued arrest warrants against Netanyahu and Gallant. In its announcement, the Court stated it “found reasonable grounds to believe” that each of them bear criminal responsibility for potential war crimes and crimes against humanity in Palestine.
MondoWeiss
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