The tribunal, in its ruling, also upheld ICC arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant in November 2024, to face accusations of war crimes and crimes against humanity.

The ICC commenced an investigation in the Palestinian territory in 2021, and with the ruling against Israel’s challenge it will now be able to resume it.

Israel had claimed that a separate probe would have to be launched following the Hamas attacks in Israel on Oct 7, which it said altered the situation and required the ICC to provide a second formal notice of investigation.

Monday’s 44-page ruling upholds the decision to investigate alleged war crimes committed by Israel in the Palestinian territory.

Israel’s foreign affairs spokesperson Oren Marmorstein said in an X post that Israel “rejects” the decision, and accusing the ICC of “politicisation”.

The court is currently examining another Israeli challenge to its jurisdiction, as well as a request to disqualify prosecutor Karim Khan over sexual abuse allegations – claims he vigorously denies.

In July, it refused an Israeli request to withdraw the arrest warrants, as well as an appeal of that decision in October.

Established in 2002, the ICC prosecutes individuals accused of the worst atrocities, such as war crimes, crimes against humanity and genocide.

Israel is not a signatory to the Rome Statute that created the court, but this does not prevent the country from bringing legal challenges before it.

In 2021, the court ruled that its jurisdiction extends to the Palestinian territories of Gaza and the West Bank, including east Jerusalem.

A fragile ceasefire between Israel and Hamas has been in place since Oct 10, but Palestinian people have continued to die in Israeli attacks in Gaza since then.