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ICC warns against ‘retaliation threats’ amid Israel’s genocide probe

By Selin Atay
May 3, 2024 5:07 PM

ICC warns of consequences for actions threatening tribunal or its personnel amid Gaza war crimes probe

International Criminal Court (ICC) prosecutors have cautioned against any actions threatening retaliation toward the tribunal or its personnel, suggesting that such behavior could be deemed an “offense against the court’s administration of justice”.

The ICC did not specify on Friday whether this warning was connected to its inquiry into potential war crimes by either Israel or Palestinian factions in Gaza and the West Bank.

The International Court of Justice accused of genocide Israel. An interim ruling in January ordered Israel to stop genocidal acts and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.

Reports from U.S. media this week suggested that the ICC could potentially issue arrest warrants for Israeli officials, among them Prime Minister Benyamin Netanyahu, who reportedly implored U.S. President Joe Biden to intervene and thwart such actions by the court.

International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters
International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters in The Hague, Netherlands, October 12, 2023. (REUTERS)

On Friday, the Hague-based office of ICC chief prosecutor Karim Khan said on social media platform X that it sought to “engage constructively with all stakeholders whenever dialogue is consistent with its mandate”.

“That independence and impartiality are undermined, however, when individuals threaten to retaliate against the court or against court personnel” if it “made decisions” about probes that fell in its mandate, it said.

“Such threats, even not acted upon, may constitute an offence” against the ICC’s “administration of justice”, it said.

“The Office insists that all attempts to impede, intimidate or improperly influence its officials cease immediately.”

Investigation extends to escalation of hostilities

Khan’s office declined to answer where the threats of retaliation may have originated from and answer whether it was referring to its investigation into Israel and the war in Gaza.

The ICC opened a probe in 2021 into Israel, as well as Hamas and other armed Palestinian groups, over possible war crimes in the occupied Palestinian territories.

Khan has said this investigation now “extends to the escalation of hostilities and violence since the attacks that took place on October 7, 2023”.

ICC to put Israel in dock, while US opposes

Israeli Prime Minister Benjamin Netanyahu waits for the start of an Israeli war cabinet meeting also attended by U.S. President Joe Biden on Oct. 18, 2023, in Tel Aviv, Israel. (Brendan Smialowski/AFP via Getty Images)
Israeli Prime Minister Benjamin Netanyahu waits for the start of an Israeli war cabinet meeting also attended by U.S. President Joe Biden on Oct. 18, 2023, in Tel Aviv, Israel. (Brendan Smialowski/AFP via Getty Images)

The New York Times has quoted Israeli officials as saying that Netanyahu could be among those charged by the court. The ICC was also weighing charges against Hamas leaders, the newspaper reported.

A series of Israeli officials has in recent days said any attempt by the court to take any action against Israel would be “outrageous”.

Netanyahu said on X on Wednesday that the ICC was “contemplating issuing arrest warrants against senior Israeli government and military officials as war criminals”.

“This would be an outrage of historic proportions,” he said, alleging that the ICC was “trying to put Israel in the dock”.

The United States said on Monday it also opposed the ICC’s probe into Israel’s conduct in Gaza.

ICC issues warrants for Putin 

Putin and The Hague: The Precedent, and the Significance for Israel | INSS

The ICC is the world’s only independent court set up to probe the gravest offenses by individual suspects, including genocide, war crimes, and crimes against humanity.

The court previously had issued arrest warrants for the Russian president, Vladimir Putin, and Russia’s commissioner for children’s rights, Maria Alekseyevna Lvova-Belova, in relation to the forced deportation of children from Ukraine to Russia, where many have been adopted by Russian families.

Forced deportation of populations is recognised as a crime under the Rome statute that established the court. Russia was a signatory to the Rome statute, but withdrew in 2016, saying it did not recognise the jurisdiction of the court.

Source: Newsroom

Last Updated:  May 31, 2024 6:47 PM