Acting ICC prosecutor says ‘conceivable’ to hold in-abstentia hearing against Netanyahu

THE HAGUE, Netherlands — It would be “conceivable” to hold an in-absentia hearing against Prime Minister Benjamin Netanyahu or Russian President Vladimir Putin, the deputy prosecutor of the International Criminal Court said Friday.

Mame Mandiaye Niang is currently acting chief prosecutor of the ICC, in the absence of Karim Khan, on leave pending an investigation into sexual abuse allegations that he denies.

Niang said it was frustrating that arrest warrants against Netanyahu and Putin have not resulted in a court appearance.

On November 24, 2024, the ICC issued warrants for Netanyahu and Gallant on suspicion of ordering war crimes during Israel’s campaign against the Hamas terror group in Gaza, following the October 7, 2023, massacre in southern Israel.

Jerusalem denies the allegations, asserting that the war, with the declared aims of returning the hostages, defeating Hamas, and preventing a future threat from Gaza, has been fought in accordance with international law.

The ICC has no police force and relies on countries to arrest suspects and transfer them to the court — extremely unlikely in the case of Putin or Netanyahu.

However, he pointed to an unprecedented hearing against fugitive Ugandan rebel leader Joseph Kony earlier this year, held in absentia.

“We tested it in the Kony case. It’s a cumbersome process. But we tried it, and we realized it was possible and useful,” Niang told AFP.

The advantages of such a hearing are to preserve evidence and also to give a voice to victims, he said.

But any request for such a hearing would require the consent of judges and would not be a trial, just a confirmation of the charges against the suspect.

The deputy prosecutor also lashed out at US sanctions, saying they effectively put top court officials on a par with “terrorists and drug traffickers.”

Sixty-five-year-old Niang, along with top ICC judges, is subject to sanctions from the administration of US President Donald Trump, in retaliation for the court’s arrest warrants for Netanyahu over Israel’s campaign in Gaza.

“You can disagree with what we’re doing. That happens all the time,” Niang said.

“But even if we upset you, you should never put us on the same list as terrorists or drug traffickers. That is the message” to Trump.

Niang said the sanctions affected several areas of his personal, family, and financial life.

He found himself unable to charge up his hybrid car because it required a credit card that had been blocked due to the sanctions.

“I have a subscription that has absolutely nothing to do with the United States, but I need a credit card. And my credit card was American Express,” he said.

“So I found that all of a sudden, I couldn’t even charge up my car.”

Niang said he was unable to transfer money to family members for fear their accounts would also be blocked.

Sanctions have a place in international relations, the prosecutor told AFP, but attacking the ICC — the world’s only permanent court to try war crimes suspects — risks “de-legitimizing” the instrument.

Niang said the accusations against Khan have been troubling.

Khan has been accused by two former staffers of a “constant onslaught” of sexual advances. He denies any wrongdoing.

“Even if they are only accusations, it disturbs us and it has poisoned the atmosphere of the court,” said Niang.

“It is all the more unfortunate because it has been exploited to almost sabotage what we are doing, notably in the Palestine case,” added Niang.

Israel has alleged that Khan issued “baseless and outrageous” warrants against Netanyahu and former defense minister Yoav Gallant to distract from the sexual abuse accusations.

Niang welcomed the investigation into the Khan allegations but said the case was undoubtedly a hindrance.

The accusations “are out there and that is enough to cast a veil of doubt over what we’re doing,” he said.

Despite the challenges facing the court, Niang was combative.

“At this time when our existence is under threat, the world needs us more than ever,” he argued.

He pointed to successes this year, such as the arrest of former Philippines president Rodrigo Duterte and the conviction of a feared Sudanese militia chief.

For many years, the ICC focused on African suspects, but now had investigations running in Latin America, Asia, and even Europe, with Ukraine, he noted.

Mass crimes are being committed daily and the court is there to try those crimes, said the Senegalese jurist.

“The court is here and we would love for it not to be needed. Unfortunately, the world is as it is and we still have work to do.”