On May 20th, 2024, the ICC Prosecutor applied for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant. The Prosecutor also applied for warrants against Hamas arch-terrorists Yahya Sinwar, Mohammed Deif and Ismail Haniyeh. Such arrest warrants mark a new zenith in the diplomatic assault against the Jewish state that has been steadily escalating since Hamas’ murderous attack on October 7th, 2023.
Officially, Israel rejects the ICC’s jurisdiction over Israeli nationals as Israel is not a member of the Rome Statute and no sovereign Palestinian state exists. However, there are worrying indications that the Israeli government may adopt an unofficial policy of cooperation with the Court, to disprove the allegations made against Israeli conduct in Gaza. Signs of a potential détente with the ICC can be gleaned from ICC Prosecutor Karim Khan’s unprecedented visit to Israel in November 2023. Although his visit was not preceded by any ICC or Israeli government press releases, it was the subject of extensive secret talks between Israel and the Prosecutor’s Office for several months at least.
This paper argues that collaboration with the ICC will not reduce the very high chances of arrest warrants being issued against Israeli officials – but will give those charges great weight and legitimacy when they come. Instead, Israel must adopt a policy of non-cooperation and even offense. The ICC has never successfully prosecuted a case without the cooperation of the accused’s state.

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