Arrest Warrant Requests for Ben Gvir and Smotrich Ready at the International Criminal Court

SadaNews - An exclusive report by "Middle East Eye" revealed that the requests for arrest warrants against two prominent Israeli ministers on charges of apartheid are ready, amid fears that these requests may not materialize due to significant pressure being exerted on the International Criminal Court (ICC) and its judges.

The British site added that if arrest warrants are issued against Minister of National Security Itamar Ben Gvir and Finance Minister Bezalel Smotrich, it would be the first time apartheid charges are directed at officials in an international court.

It quoted several sources within the court - who are knowledgeable about the matter - that ICC Prosecutor Karim Khan had prepared cases against Ben Gvir and Smotrich before he went on leave in May.

A source at the international court told the site: "These arrest warrant requests have been finalized" and added, "the only thing that has not happened is their submission to the court."

Uncertain Fate

"Middle East Eye" mentioned that the two deputy prosecutors of the ICC have the authority to submit the arrest warrant requests to pre-trial judges for consideration, but some within the court believe that the requests will be quietly shelved amid unprecedented external pressures.

The administration of (former U.S. President) Donald Trump had imposed sanctions on Karim Khan in February, while he left on leave in May amid a UN investigation into allegations of sexual misconduct against him, which he denied.

The court announced - in a statement last May - that Karim Khan had temporarily stepped down from his position pending the conclusion of an investigation being conducted by the UN Office of Internal Oversight Services into the accusations against him, and the sending of its report to the chair of the court's administrative body for review of its findings.

The ICC prosecutor's office at that time announced that deputy prosecutors Nuzhat Shamim Khan and Mami Mandiai Nyanag were taking over the office’s management to ensure continuity of activities in all areas of work, especially its mission to investigate the most serious crimes and pursue their perpetrators independently and impartially.

The office emphasized its commitment to continue the effective execution of its mandate to achieve justice for the victims of crimes defined in the Rome Statute, in all cases and situations worldwide.

Karim Khan was Prepared

In June, the United States imposed additional sanctions on four ICC judges. This included two judges who agreed to Karim Khan's request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant.

"Middle East Eye" reported that Karim Khan faced a series of threats and warnings from prominent figures, including former British Prime Minister David Cameron, in addition to close colleagues and family friends.

The site noted that despite the ongoing pressure, the prosecutor’s legal team continued to investigate war crimes and crimes against humanity in the occupied West Bank, but before they could submit the requests, Karim Khan took a leave after a failed attempt to suspend him from work.

A source at the ICC told the site: "Karim was ready" and added: "No work is being done regarding the requests anymore, they were neither in drafting nor review. They were finalized, and all that remains is to follow court procedures to submit the request, but Karim did not have time to do that because everything was happening very quickly, then he stepped aside."

"Middle East Eye" quoted two sources within the ICC saying that the deputy prosecutors did not submit the requests due to the threat of imposing U.S. sanctions.

Karim Khan declined to comment in response to a request from "Middle East Eye". The site also contacted the Israeli government for a comment, but did not receive a response.

According to "Middle East Eye", Raji al-Surani, a lawyer representing Palestine before the ICC and the International Court of Justice, criticized Shamim Khan and Nyanag for their delay in submitting the arrest warrant requests.

A source at the court told the site that they fear the case may never come to light, as its preparation took many months of intensive work, describing the documents as highly significant that document serious crimes but the pressures are extremely high.

Source: Middle East Eye