The chief prosecutor of the ICC has strongly defended the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Chief Yoav Gallant on grounds that Israel has failed to adequately investigate allegations of war crimes.
Karim Khan also told Reuters in an interview that the ICC had seen “any real effort” by Israel to investigate the grave allegations, which he hoped marked a change of stance. The warrants, issued last November, were based on alleged war crimes and crimes against humanity committed during an Israeli military operation in Gaza.
Khan said that would have been an internal Israeli investigation, allowing the case to revert to the courts of Israel, in line with the ICC’s complementarity principle. He added that it is not too late for Israel to show that it is serious about investigating the allegations, even with warrants already issued.
That prospect seems remote: Israel has always denied ICC jurisdiction, refusing to accept that it has committed any wrongdoing, given the investigations of the alleged war crimes have never been thoroughly pursued. The United States, Israel’s chief ally, also stands outside the court, and last week Congress voted to impose sanctions on the court over the arrest warrants. Khan described the move as “unwanted and unwelcome.”
Underlining Israel’s judicial capabilities, Khan said the country has well-qualified judges and prosecutors but has never used its legal systems to properly investigate the allegations stemming from the occupied Palestinian territory.
These comments came just a day after Israel and Hamas agreed to a cease-fire in the Gaza Strip, ending over 460 days of fighting. Under pressure from hardliners in his government, Netanyahu had postponed key meetings of the security cabinet and the wider cabinet, which were due to vote on the cease-fire deal.
The security cabinet approved the ceasefire on Friday, which paved the way for a vote in the full cabinet. It wasn’t clear, however, when the final vote would be taken. Reports have suggested it may not happen before Saturday night. If there is a 24-hour period to allow objections, then the actual start of the ceasefire could be later than the planned start on Sunday.
Mustafa Barghouti, secretary-general of the Palestinian National Initiative, commented on the situation, suggesting that Netanyahu had exhausted his options to prevent the ceasefire. “He manipulated and tried to postpone it because his main goal is to keep his government together. But it is evident now that he cannot maneuver any longer,” he stated.
