ICC Denies Issuing Warrants for Smotrich, Ben Gvir
Haaretz initially reported that the warrants had already been issued. The report was later changed to say that the ICC prosecutor’s office had requested warrants and that the requests were awaiting approval by judges.
The International Criminal Court denied Sunday that it had issued new arrest warrants against senior Israeli officials, after Haaretz reported that warrants had been issued for National Security Minister Itamar Ben Gvir, Finance Minister Bezalel Smotrich and three other Israeli figures.
Haaretz initially reported that the warrants had already been issued. The report was later changed to say that the ICC prosecutor’s office had requested warrants and that the requests were awaiting approval by judges.
ICC spokesperson Oriane Maillet said the report was inaccurate and that the court “denies the issuance of new arrest warrants in the situation in the state of Palestine.” Her statement did not address whether prosecutors had requested additional warrants.
According to Haaretz, which cited a diplomatic source, the additional warrants would target one unnamed politician and two unnamed military officials.
The Foreign Ministry and State Attorney’s Office did not immediately respond to requests for comment.
The ICC issued arrest warrants in November 2024 for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, after then-chief prosecutor Karim Khan publicly requested them in May 2024. Khan alleged that the two were responsible for war crimes and crimes against humanity during Israel’s war against Hamas in Gaza, launched after the October 7, 2023 massacre.
The court also issued warrants for several senior Hamas officials, but later dropped them after they were killed by Israel during the war.
Last year, The Wall Street Journal reported that Khan had been preparing arrest warrants for Ben Gvir and Smotrich before going on leave amid allegations of sexual misconduct. He has not yet been replaced.
According to that report, the prosecutor sought warrants over the ministers’ role in expanding Israeli communities in Judea and Samaria. The International Court of Justice said in a July 2024 advisory opinion that such activity violates the Geneva Convention’s prohibition on transferring civilians into occupied territory.
Israel rejects that position, arguing that Judea and Samaria were never part of a sovereign Palestinian state and that the Geneva Convention does not apply in the manner claimed by international courts. Israel also says disputes over the territory must be resolved politically, not through international legal proceedings.
Israel also rejects the ICC’s jurisdiction over its leaders, noting that it is not a party to the Rome Statute and arguing that Palestinian Authority membership does not give the court jurisdiction because of the Oslo Accords.
The ICC has no independent enforcement power and relies on member states to carry out arrest warrants. Some European and other countries have said they would arrest Netanyahu if he entered their territory, while others, including Argentina, the Czech Republic, Romania, Poland and Hungary, have said they would not.