Judges at the International Criminal Court (ICC) ruled on Thursday that the United Kingdom can submit legal arguments to judges mulling the prosecution's request for arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, Reuters reported.
Court documents made public on Thursday showed that the UK, an ICC member state, filed a request with the court earlier this month to provide written observations on whether "the court can exercise jurisdiction over Israeli nationals, in circumstances where Palestine cannot exercise criminal jurisdiction over Israeli nationals (under) the Oslo Accords", according to the report.
The ICC has had an ongoing investigation into any alleged crimes within its jurisdiction committed on Palestinian Authority territory and by Palestinian Arabs on the territory of Israel since 2021.
In that year, ICC judges ruled that the court has jurisdiction after the PA signed up to the court in 2015, three years after being granted United Nations observer state status.
The decision, however, left a ruling on the interpretation of the 1993 Oslo Accords regarding Palestinian Arab jurisdiction over Israeli nationals for a later stage in the proceedings.
The UK's argument is that the PA cannot have jurisdiction over Israeli nationals under the Oslo Accords, and so it cannot transfer that jurisdiction over to the ICC to prosecute Israelis.
The ICC’s Chief Prosecutor, Karim Khan, said recently he would seek arrest warrants for Netanyahu and Gallant, alongside Hamas leaders.
President Joe Biden condemned the ICC’s move, saying in a statement, "The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous. And let me be clear: whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.”
Senate Majority Leader Chuck Schumer (D-NY) also denounced the ICC announcement and said he would “work with President Biden and members on all sides to keep support for Israel strong and unwavering.”
Since the Chief Prosecutor’s announcement, there has been an initiative in the House of Representatives for sanctions against ICC officials.
The House earlier this month passed legislation that would sanction the ICC , but it has failed to attract significant Democratic support, dulling its chances in the Senate.