The International Criminal Court ICC faces allegations of hypocrisy for delaying the arrest warrant requests for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for over five months, while the warrant for Russian President Vladimir Putin was approved in just 24 days.
The requests for arrest warrants, submitted on May 20 by the ICC Prosecutor's Office for Netanyahu, Gallant, and three Hamas leaders, have encountered systematic obstruction from Israel and its allies.
The ICC has moved quickly in cases related to Ukraine, issuing arrest warrants for six Russian officials, including Putin, within months. In contrast, no arrest warrants have been issued in the Gaza case since the investigation began in 2019, revealing significant delays and perceived double standards.
Prolonged delays in the Palestine investigation stem from Israel's espionage operations targeting the ICC and its officials for nine years, alongside the withdrawal of a judge reviewing the case. Complications arose after the UK challenged the ICC’s jurisdiction, following allegations of misconduct against Prosecutor Karim Khan.
Allegations against Prosecutor Khan
Shortly after Khan requested the arrest warrants for Netanyahu and Gallant, an investigation into his alleged misconduct toward an ICC staff member surfaced. The ICC Assembly of States Parties confirmed that the investigation was ongoing but did not find sufficient grounds to proceed at this time. The timing of these allegations, coinciding with the arrest warrant requests, has raised suspicions.
Withdrawal of Judge Motoc
Judge Julia Motoc, who led the Pre-Trial Chamber reviewing the case, withdrew for "health reasons and to ensure the proper functioning of justice." The ICC announced that Judge Beti Hohler, a Slovenian judge who joined the court concurrently, would replace Motoc.
International legal expert Dr. Owiso Owiso warned that Motoc’s withdrawal could prolong the process, while former UN official Craig Mokhiber criticized the sudden change as suspicious amid increasing pressure from Israel and Western nations. Mokhiber noted that Judge Hohler had previously suggested that Israeli officials should be tried in domestic courts rather than at the ICC.
Systematic delays since 2019
Delays in the Palestine investigation trace back to 2015 when former ICC Prosecutor Fatou Bensouda initiated a preliminary examination. Although the investigation met the necessary criteria in 2019, it was postponed due to jurisdiction debates over Palestinian territories. The formal investigation began in March 2021, yet no meaningful progress has been made, further delaying requests against Netanyahu and Gallant.
In July 2024, the UK complicated matters by challenging Palestine's statehood and the ICC’s jurisdiction. Although it later withdrew from the process, the ICC accepted over 60 similar submissions, causing additional delays in the pending arrest warrant requests.
US sanction threats and Mossad interference
The ICC has faced threats from the US Senate, warning that sanctions would be imposed if arrest warrants were issued against Israeli officials. These threats echo past actions, such as freezing the assets of former Prosecutor Bensouda and imposing travel bans during the Afghanistan investigation.
Israel’s intelligence agency, Mossad, has also interfered with the ICC’s operations. Former Mossad chief Yossi Cohen reportedly met secretly with Prosecutor Bensouda to persuade her against pursuing cases against Israeli personnel. Multiple sources indicate that Cohen made persistent and threatening overtures, including leveraging personal information to intimidate Bensouda.
Such pressures have compromised the ICC's independence and prolonged the investigation process, undermining its credibility and ability to deliver justice.