International Criminal Court (ICC) prosecutors have responded to a request from Israel seeking to annul arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The prosecutors' stance, presented in a 10-page document posted on the ICC website, argues there is "no basis to withdraw or vacate" the pending warrants while the court reconsiders its jurisdiction over actions in Gaza and the West Bank.

The arrest warrants for Netanyahu and Gallant were issued in November after ICC judges determined there was "reason to believe" that they employed "starvation as a method of warfare." This accusation arises from claims that the Israeli officials restricted humanitarian aid and deliberately targeted civilians during Israel's military operations against Hamas in Gaza. Israeli officials have categorically denied these allegations.

The ICC filing included a signature from prosecutor Karim Khan, who recently stepped down temporarily pending the outcome of an investigation related to allegations of sexual misconduct. The prosecution document emphasizes the urgency for the investigation to continue, citing "ongoing and escalating" crimes in the current conflict.

In a prior ruling last month, ICC appeals judges directed a pretrial panel to revisit the matter of jurisdiction in light of Israel's challenge. Israel maintained in its application that the ICC "doesn't have, and never had" jurisdiction to issue warrants for Netanyahu and Gallant, arguing that as a non-member of the court, it should not be subjected to its authority. Nevertheless, the ICC has recognized "The State of Palestine" as one of its 126 member states, which complicates Israel's position.

Currently, the ICC's chief prosecutor, Karim Khan, is on administrative leave due to allegations that he attempted to coerce a female aide into a sexual relationship and groped her without consent. An investigation conducted by The Associated Press in the previous year revealed that two court employees, to whom the alleged victim confided, reported the misconduct to the court’s independent oversight body.

Alongside the warrants for Netanyahu and Gallant, the ICC previously issued a warrant for Mohammed Deif, the head of Hamas' armed wing, in connection with the attacks on October 7, 2023. However, that warrant was later withdrawn following confirmation of his death in an Israeli airstrike in February.