In a document posted on the ICC website, Karim A. A. Khan requested the dismissal of Israel's appeal, stating that the decision is not currently subject to appeal. However, an appeal could potentially be filed at a later stage in the legal process, Anadolu News Agency wrote on Saturday.
Israel on Wednesday filed a direct appeal before the Appeals Chamber against the Pre-Trial Chamber I’s "decision on Israel’s challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute."
Last week, the ICC issued arrest warrants for Netanyahu and Gallant, his defense minister since the start of the Gaza war until earlier this month, for war crimes and crimes against humanity in Gaza.
Khan said that the court's decision is not appealable and informs Israel that it cannot challenge the jurisdiction before the court has made a decision under Article 58 of the Rome Statute. He note, however, that such a challenge could potentially be made once that condition is satisfied.
He said, "The Decision is not a decision ‘with respect to jurisdiction’ and it is therefore not directly appealable under article 82(1)(a) of the Statute."
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