Israel’s national election has made Prime Minister Benjamin Netanyahu’s political future uncertain.
But even if the opposition, in alliance with Arab parties, removes Netanyahu’s government, the international legal actions against him and against Israel will survive the fall of his government.
Netanyahu’s resignation would not cancel the International Criminal Court’s (ICC) arrest warrant, nor halt the genocide case South Africa has brought against Israel at the International Court of Justice (ICJ).
The important point is that if he resigns or is removed, Netanyahu will lose the personal immunity that some countries have used as a pretext for not arresting him. That would leave him more exposed both to the ICC warrant and to proceedings in foreign national courts.
The ICC issued the warrants for Netanyahu and former defence minister Yoav Gallant in November 2024 on charges of crimes against humanity and war crimes, including the use of starvation as a weapon of war in Gaza, murder and persecution.
A court in Turkey has also tried Netanyahu in absentia and issued an arrest warrant on charges of torture and crimes against humanity, over Israel’s interception of a Gaza-bound aid flotilla last year.
What could happen next
Will the ICC arrest warrant against Netanyahu remain valid?
Yes. The warrant concerns Netanyahu’s individual criminal responsibility for acts alleged while he was prime minister. Prosecution of those crimes does not depend on whether he stays in office.
A trial can begin, however, only if Netanyahu is arrested and handed over to the court.
Under Article 58(4) of the Rome Statute, an arrest warrant stays in effect until the court orders otherwise.
ICC Deputy Prosecutor Nazhat Shameem Khan said in September that the court had taken no step to withdraw the warrant.
Israel, however, continues to challenge the court’s jurisdiction, mainly on the ground that it is not a party to the Rome Statute, the court’s founding treaty.
In April 2025 the ICC Appeals Chamber told the Pre-Trial Chamber to examine Israel’s challenge. But the judges refused to suspend the warrants while the proceedings went on.
Two appeals by Israel are still pending.
Will Netanyahu lose his immunity?
The rules on immunity differ between the ICC and national courts.
At the ICC, Netanyahu gets no immunity as prime minister.
Article 27 of the Rome Statute states plainly that official position is no bar to prosecution. The court’s position is that immunity attached to office neither shields an accused from its jurisdiction nor releases member states from carrying out requests for arrest.
The court has applied this principle to leaders of countries that are not ICC members too.
In 2019 the ICC Appeals Chamber ruled that Jordan had been obliged to arrest Sudan’s then president Omar al-Bashir, even though Sudan was not an ICC member. In 2024 judges also found that Mongolia had breached its obligations by failing to arrest Russian President Vladimir Putin.
Even so, some member states have argued that, on the basis of immunities recognised in international law, they are not obliged to arrest a sitting leader of a state that is not an ICC member.
As Middle East Eye has explained before, international law recognises two kinds of immunity for state officials. The first is personal immunity, which protects a limited group: heads of state, heads of government and foreign ministers are protected from arrest and prosecution in foreign courts while in office, whatever the nature of the crime. It is temporary and ends when they leave office.
Functional immunity applies to acts carried out in an official capacity and continues after the official leaves office. Legal experts say, however, that international crimes such as war crimes and crimes against humanity have long been established as an exception even to this kind of immunity.
As soon as Netanyahu leaves office, he will lose the personal immunity he enjoys as prime minister. Only functional immunity would then remain to him.
Which countries have cited immunity?
In November 2024 France said that immunities applying to officials of states outside the ICC also applied to Netanyahu and would have to be considered in responding to a request for arrest. Immunity scholars and human rights groups rejected that claim.
Italy’s foreign minister, Antonio Tajani, also referred to immunity. Asked in January 2025 about Netanyahu’s possible arrest, he said immunity had to be respected.
Hungary put forward Article 98 immunity arguments for not arresting Netanyahu during his visit in April 2025. The ICC later ruled that Hungary had breached its obligation to cooperate.
Even so, losing the premiership would not make Netanyahu’s arrest certain. The ICC has no police force of its own and relies on member states’ authorities to carry out its warrants.
A future Israeli government could also decide to cooperate with the court and hand him over.
Could Netanyahu be tried in a foreign court?
Once out of power, Netanyahu would lose the personal immunity that protects a sitting head of government from arrest and prosecution by foreign national authorities.
Many countries provide for the prosecution of war crimes and crimes against humanity under universal jurisdiction. This lets their courts try crimes committed abroad even when there is no direct link to the country.
Turkey, for example, is pursuing proceedings against several Israeli officials, including Netanyahu, Defence Minister Israel Katz and National Security Minister Itamar Ben-Gvir, on charges of torture and crimes against humanity over the 2025 interception of the Gaza-bound Global Sumud Flotilla.
Losing personal immunity would remove a major obstacle to such cases. Whether Netanyahu could still claim functional immunity, which covers acts done in an official capacity, would depend on the law the court applies.
Former leaders have faced such proceedings before. Chile’s Augusto Pinochet was arrested in London in 1998 on a Spanish warrant. The following year the House of Lords ruled that Pinochet could not claim immunity for certain torture charges.
In July 2025 France’s highest court annulled a warrant issued against Bashar al-Assad while he was Syria’s president. The court said, however, that a new warrant could be issued after he left office, and noted that functional immunity gives former leaders no protection in prosecutions for genocide, crimes against humanity or war crimes.
Netanyahu’s foreign travel could create opportunities for his arrest. Some countries can also investigate and issue warrants without his being present.
Taking Netanyahu into custody would remain a practical challenge, since he could avoid international travel for fear of arrest, and the Israeli state might not agree to hand him over.
What happens to the ICJ genocide case?
South Africa brought the case against Israel at the International Court of Justice (ICJ) in December 2023, alleging genocide in Gaza. The case concerns state responsibility, not any individual, so a change of prime minister will have no effect on it.
Netanyahu’s statements and decisions would therefore remain in the case as key evidence of genocidal intent even after he leaves office.
In March 2026 Israel filed its counter-arguments to South Africa’s allegations, including objections to the court’s jurisdiction.
The court has given South Africa until 2027 to respond and Israel until 22 May 2029 to reply. That means a final judgment in the case is still many years away.
What happens to Netanyahu’s corruption trial?
Losing the premiership would not end Netanyahu’s corruption trial in Israel.
He has been on trial since 2020 on charges of bribery, fraud and breach of trust in three separate cases. He denies any wrongdoing.
In November 2025 Netanyahu asked President Isaac Herzog for a pardon without admitting guilt. In April Herzog’s office said the two sides should try to reach an out-of-court settlement before it responded to the pardon request.
Israeli opposition leader Yair Lapid has said Herzog cannot pardon Netanyahu unless he admits guilt and retires from politics.
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