What this rates: whether the body's claim to be impartial is supported by the record — not whether any particular ruling or report is right. The evidence on both sides is shown with sources. These bodies are cited elsewhere on this site as sources for what they ruled, found or alleged, not as proof that the underlying facts are true.

The Rome Statute says the court's judges "shall be independent in the performance of their functions" and that the prosecutor "shall act independently as a separate organ of the Court." Judges swear to perform their duties "impartially."

• Jurisdiction over a non-member. Israel never joined the ICC. The court asserts jurisdiction because "Palestine" joined in 2015. Israel argues Palestine cannot delegate jurisdiction it never had, citing the Oslo Accords, which leave criminal jurisdiction over Israelis with Israel.
• The jurisdiction challenge. In November 2024 the Pre-Trial Chamber rejected Israel's challenge as premature and issued the warrants. In April 2025 the Appeals Chamber found that was an error of law and sent the challenge back, but left the warrants in force while it is decided.
• Deference to national courts. The ICC is designed as a court of last resort, stepping in only when a state is unwilling or unable to investigate. Israel, a democracy with an independent judiciary, argues it was never given that chance; the court rejected that argument.
• The prosecutor. Karim Khan, who sought the Netanyahu warrants in May 2024, was removed by the court's member states on July 24, 2026 for "serious misconduct and serious breach of duty" involving a female aide. The misconduct is unrelated to Israel and Khan denies it, but it was the first removal of an ICC prosecutor.
• Selectivity. Most of the court's cases have concerned Africa, a long-running criticism from African governments, and no leader of a permanent Security Council member other than Russia has been charged.

• Khan applied for warrants against Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh on the same day as Netanyahu and Gallant; a warrant was issued for Deif (later withdrawn after his death was confirmed).
• The court has issued warrants for Vladimir Putin (2023) and Taliban leaders (2025), and took former Philippine president Rodrigo Duterte into custody (2025).
• Warrants are issued by a panel of judges, not by the prosecutor alone, and the Appeals Chamber's 2025 ruling sided with Israel on the procedural point.