Israeli Foreign Ministry officials were surprised on Monday to learn of the last-minute cancellation of the delegation of assistant prosecutors from the International Criminal Court (ICC). The very experienced Karim Khan is expected in Israel next week.
The surprise was further increased, a few moments later, when we discovered the prosecutor, flanked by two colleagues, very seriously announcing the request for five arrest warrants in the ongoing war in Gaza, three against the leaders of Hamas and two against the Prime Minister and the Israeli Defense Minister.
Yahya Sinwar, Mohammed Deif and Ismaïl Haniyeh, all should answer for the crimes of “extermination” following the October 7 attack, as well as systematic sexual violence and that committed against hostages. Concerning Benjamin Netanyahu, and the Israeli Minister of Defense, Yoav Gallant, Karim Khan seeks to indict them for war crimes and against humanity, in particular through the use of famine as a weapon of war. These requests, which will have to receive the approval of a panel of three judges, are supported by several recognized experts in international law, Karim Khan immediately explained, wanting to prevent the accusations that will inevitably be made against him.
Request for arrest warrants from the International Criminal Court: furious reactions from Israel and Hamas
A united Israeli front?
“This absurd request is not only directed against the Prime Minister of Israel and the Minister of Defense… but against the soldiers of the IDF, who are fighting heroically”, said Benjamin Netanyahu in a speech relayed on social networks Monday evening after a silence of several hours. The procedure desired by Karim Khan, however, stands out for its omission of Israeli military officials; he left aside the Chief of Staff Herzi Halevy, although he was expected to be liable under the same charges.
In Israel, the news had the effect of a bolt from the blue. The Hostage Families Forum denounced “the suggestion of symmetry between Israeli officials and Hamas terrorists”, a sentiment echoed by an overwhelming majority of the Israeli political class, including Benny Gantz and Yaïr Lapid. On the right, there were immediate cries of anti-Semitism: a petition was signed by 106 Israeli MPs out of 120, denouncing “a scandalous comparison”, and swearing that “80 years after the Holocaust, no one will tie the hands of the Jewish state to defend itself.” Likud MK Danny Danon, a former Israeli ambassador to the United Nations, even used the term on public radio “diplomatic terrorism”.
The Israeli government, however, believed to have calmed the ardor of the men of The Hague, as they are nicknamed in Israel, by collaborating with the Court, in particular on the crimes committed by Hamas – although the Hebrew state does not recognize the authority of the ICC, like Washington. American Secretary of State Antony Blinken, for his part, regretted the fact that, with this decision, Karim Khan had compromised the investigative work undertaken by the Israelis on their own actions in Gaza, or on his respect for the rules of war. , an investigation which, historically, has little chance of success.
Biden defends Netanyahu after “scandalous” arrest warrant request: “There is no equivalence between Israel and Hamas”
A crisis unit against the ICC
A crisis unit was immediately set up by the Israeli Foreign Ministry. Initially, the Jewish state intends to put pressure on its Western partners to impose sanctions on the ICC. His first efforts have already garnered expressions of support from a majority of American figures, including Joe Biden, as well as British, Austrian and Czech leaders. Everyone repeats that this announcement put a truce and the hostages in danger, an argument long put forward by the Israelis to reject any interference. For its part, Belgian diplomacy was immediately keen to ensure its support for the ICC. “Crimes committed in Gaza must be prosecuted at the highest level, regardless of their perpetrators,” declared Hadja Labib on X.
Protesters divided
When Karim Khan’s announcement came, several thousand demonstrators against the government of Benjamin Netanyahu were carrying out a tortuous operation on the road leading from Tel Aviv to Jerusalem. They came to welcome the parliamentary resumption, to shout to the deputies “that this would be their last session”, according to the press release published by the Brothers in Arms organization. In the gathering, sentiment toward the International Criminal Court was mixed. “I think if Netanyahu goes to The Hague, it will be good riddance,” says Ronit, who comes from a small village south of Tel Aviv. “But Gallant? They go too far.”
The only discordant voice, the far left, including the activists, gathered in a corner of the demonstration welcoming all “an end to the era of impunity” Israeli officials, as well as those of Hamas. Karim Khan’s request is only based on acts committed since October 7 – but “violence directed against Palestinians is state violence, inherent to the Israeli apartheid regime” made a point of recalling a press release from the human rights association B’tselem.
In the Knesset, the cries of the demonstrators had no effect. Benjamin Netanyahu’s government easily survived three motions of censure this Monday. None obtained more than 32 votes out of 120, far from the two-thirds required.
