ICC Prosecutor Defends Seeking Arrest Warrants for Israeli Leaders

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The International Criminal Court (ICC) chief prosecutor Karim Khan defended his decision to file a request for the court to issue arrest warrants for Israeli leaders alongside leaders of Hamas during a nearly an hour-long interview with the BBC on September 4. Speaking on the show “Political Thinking” with BBC presenter Nick Robinson, Khan said that the request was aligned with the court’s responsibility to hold all violators of war crimes accountable. Khan compared his request for arrest warrants on Israeli officials to the warrant issued for Russian President Vladimir Putin for Russia’s war crimes in Ukraine. “If one had applied for warrants in relation to Israeli officials and not for Gaza, [some would] say: ‘well, this is an obscenity’ and ‘how on earth is that possible?” Khan said. “You can’t have one approach for countries where there’s support, whether it’s NATO support, European support [and] powerful countries behind you, and a different approach where you have clear jurisdiction.”

Khan announced that he was seeking arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant on May 20, along with three Hamas leaders, including Hamas chief Yahya Sinwar and two others who have already been killed by Israel — Muhammad Deif and Ismail Haniyeh. So far, the court has not issued the arrest warrants, prompting Khan to urge the ICC judges to speed up their decision, saying in an August 23 court filing that “Any unjustified delay in these proceedings detrimentally affects the rights of victims.” On September 3, Haaretz reported that Israeli Justice Ministry officials believed that the ICC would issue arrest warrants against Netanyahu and Gallant in the coming days or weeks.

Expert Analysis

“Karim Khan’s prosecution of Netanyahu and Gallant is a dangerous abuse of the ICC, politics masquerading as a legal proceeding. It is contrary to the facts, international law, and the ICC’s own charter. Khan’s baseless request for arrest warrants for officials of Israel — which is not an ICC member, is committed to compliance with the law of war, and robustly self-polices alleged abuses by its armed forces — sets a dangerous precedent for officials of the United States, which is also not a member, is committed to compliance with the law of war, and robustly self-polices alleged abuses by its armed forces.” — Orde Kittrie, FDD Senior Fellow

“This is lawfare to help Hamas, not adherence to international law. The claims are baseless, the jurisdiction is non-existent, and the request should be rejected by the ICC. If a kangaroo court can make up accusations and illegitimately come after Israel, it can do the same to the United States, too.” — Richard Goldberg, FDD Senior Advisor

Khan’s Allegations Against Israeli Officials

In his announcement earlier this year, Khan alleged that Netanyahu and Gallant were responsible for war crimes and crimes against humanity in Gaza, accusing Israel of intentionally using starvation as a method of warfare and intentionally directing attacks against Gaza’s civilian population. The United States is also not a member of the ICC. The ICC is a “court of last resort,” authorized by its charter to proceed only in the event that a nation’s authorities are unwilling or unable to prosecute alleged war crimes and crimes against humanity by its own forces. Khan himself has explicitly recognized that “Israel has trained lawyers who advise commanders and a robust system intended to ensure compliance with international humanitarian law.”

Congress Requests ICC Sanctions

Khan’s accusations were widely panned by officials of Israel and its allies. Israeli Justice Minister Yariv Levin said that the request was “one of the greatest moral disgraces in human history,” adding that its purpose was “to deny Israel the right of self-defense.” Separately, President Joe Biden called the warrant request “outrageous,” and Secretary of State Antony Blinken questioned the investigation’s “legitimacy and credibility.” On June 4, the U.S. House of Representatives voted 247-155 to impose sanctions on the ICC and, in a bipartisan letter to Blinken and Treasury Secretary Janet Yellen, urged the Biden administration to impose sanctions on Khan and “any other officials who have demonstrated undue bias in their actions.”

Independently, experts have also assessed the allegations against the Israeli leaders as false. A scientific study published on June 2 by a group of Israeli academics and public health officials concluded that food shipments to Gaza were enough to feed the enclave’s entire population of 2.4 million and that the average calories supplied exceeded recommended averages for daily nutritional intake.

“Study Finds Food Aid to Gaza Exceeds International Standards,” FDD Flash Brief

“U.S. House of Representatives Votes for Sanctions Against International Criminal Court,” FDD Flash Brief

“U.S. Lawmakers Slam ICC Prosecutor’s Bid for Unjust Arrest Warrants Targeting Netanyahu, Gallant,” FDD Flash Brief

“Israel and U.S. Outraged by ICC Warrant Applications for Israeli Leaders,” FDD Flash Brief