Netanyahu faces ICC warrants regardless of election outcome
Legal experts note that leaving office would strip the former prime minister of personal immunity, potentially exposing him to international prosecution.
By Gabriela Flores ·
Benjamin Netanyahu’s political status in Israel is uncertain following recent elections, but his legal exposure abroad remains fixed. If coalition talks result in him stepping down as prime minister, the International Criminal Court (ICC) proceedings against him and former defence minister Yoav Gallant will continue. The warrants do not depend on his current office.
The ICC issued arrest warrants for the pair in November 2024. The charges include war crimes and crimes against humanity in Gaza, specifically citing starvation as a method of warfare, murder, and persecution. Under Article 58(4) of the Rome Statute, these warrants stay in force unless the court orders otherwise. ICC Deputy Prosecutor Nazhat Shameem Khan confirmed in September that no steps had been taken to withdraw them. A trial can only begin if Netanyahu is arrested and surrendered to the court.
Israel disputes the court’s jurisdiction, arguing it is not a party to the Rome Statute. In April 2025, the ICC Appeals Chamber ordered the Pre-Trial Chamber to examine this challenge but declined to suspend the warrants. Two Israeli appeals remain pending. While being prime minister offers no protection under Article 27 of the Rome Statute, the situation changes regarding national immunity.
International law distinguishes between personal and functional immunity. Personal immunity covers heads of state and government while in office and ends when they leave. Functional immunity covers official acts and continues afterward. Legal experts told Middle East Eye that an exception for international crimes under functional immunity is well established. Once out of office, Netanyahu would retain only functional immunity.
Several governments have already tested these limits. France argued in November 2024 that immunities applied to Netanyahu, a claim rejected by scholars. Hungary invoked an Article 98 immunity argument regarding an April 2025 visit, but the ICC later found Hungary breached its cooperation obligations. Turkey is currently prosecuting Netanyahu, along with ministers Israel Katz and Itamar Ben Gvir, over the 2025 interception of the Global Sumud Flotilla.
Departure from office does not guarantee an arrest. The ICC lacks a police force and relies on national authorities. A future Israeli government could surrender him, or he could avoid foreign travel. Losing personal immunity would also expose him to national courts under universal jurisdiction. A July 2025 French ruling found that functional immunity does not shield former leaders from genocide, crimes against humanity, or war crimes charges.
Netanyahu’s corruption trial in Israel will also continue. He has been tried since 2020 on bribery, fraud, and breach of trust charges in three cases. He asked President Isaac Herzog for a pardon in November 2025 without admitting guilt. In April, Herzog’s office suggested the sides seek an agreement outside court. Opposition leader Yair Lapid has stated a pardon should not happen unless Netanyahu admits guilt and leaves political life.
Source: Middle East Eye
