THE HAGUE – Prosecutors at the International Criminal Court have called on judges to dismiss Israel’s appeal to nullify arrest warrants against Prime Minister Benjamin Netanyahu and the former defense minister. This request comes as the court reevaluates its jurisdiction concerning the territories of Gaza and the West Bank.
In a detailed 10-page submission made available on the ICC website on Wednesday night, prosecutors assert that there is “no basis to withdraw or vacate” the existing warrants for Netanyahu and Yoav Gallant.
The warrants were issued in November after judges determined there was “reason to believe” that Netanyahu and Gallant employed “starvation as a method of warfare” by obstructing humanitarian assistance and deliberately attacking civilians during Israel’s military operations against Hamas in Gaza. Israeli authorities firmly refute these allegations.
The prosecution document was signed on behalf of prosecutor Karim Khan, who temporarily stepped down on Friday pending the outcome of an investigation into allegations of sexual misconduct.
The filing argues it is important for the underlying investigation to continue in the “current situation where crimes are ongoing and escalating.”
Last month, appeals judges ordered a pretrial panel to reconsider an Israeli challenge to the court’s jurisdiction.
Israel argued in its application for the warrants to be withdrawn that the court “doesn’t have, and never had” jurisdiction to issue warrants for Netanyahu and Gallant.
Israel is not a member of the court and contends the ICC has no authority to prosecute Israeli nations. The Hague-based institution, however, has accepted “The State of Palestine” as one of its 126 member nations.
ICC chief prosecutor Khan is currently on leave until the conclusion of an external probe into accusations that he tried for more than a year to coerce a female aide into a sexual relationship and groped her against her will.
An investigation by The Associated Press last year found that two court employees, in whom the alleged victim confided, reported the alleged misconduct in May 2024 to the court’s independent watchdog.
Along with the warrants for the Israeli officials, the court also issued a warrant for Mohammed Deif, head of Hamas’ armed wing, over the Oct. 7, 2023, attacks that triggered Israel’s offensive in Gaza. The warrant was withdrawn in February, after his death in an Israeli airstrike was confirmed.
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