AG, state attorney: ‘No foundation’ to ICC prosecutor’s bid to arrest Israeli leaders
Israel’s two top law enforcement officials insist they examine all claims of violations of the law, so court has no authority to investigate or charge Netanyahu and Gallant
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
Attorney General Gali Baharav-Miara and State Attorney Amit Aisman hit back at the International Criminal Court (ICC) on Wednesday, describing Prosecutor Karim Khan’s request for arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant as “without foundation.”
The two most senior law enforcement officials in the country said that their agencies examine all claims of violations of the law, and asserted that the ICC therefore has no right or authority to investigate and charge Israeli officials.
“The security forces, including the Israel Defense Forces, wage war with full commitment to the rules of international law,” Baharav-Miara and Aisman said in a joint statement.
“The legal system in the State of Israel is prepared to examine any serious claim both in relation to matters of policy and in relation to individual cases,” the statement added. “As the State of Israel has made clear over the years, the [international] court lacks any authority to conduct an investigation into [this] matter.
“In any case, the request to the ICC to issue arrest warrants against the prime minister and the defense minister is without foundation.”
The ICC prosecutor said on Tuesday that he had decided to move forward with requesting the arrest warrants because he had not seen compelling evidence that Israeli courts were probing alleged violations of international law in Gaza.
According to the ICC’s charter and the principle of complementarity, the court cannot hold trials for nationals of countries that have independent judiciaries that are able and willing to investigate and conduct legal proceedings regarding the purported crimes the court is concerned with.
In Khan’s announcement on Monday that he had requested that the ICC’s judges grant arrest warrants for Netanyahu, Gallant and three Hamas leaders, he said that the charges against Israel’s premier and defense chief are for “causing extermination, causing starvation as a method of war including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict.”
“We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day,” said Khan in reference to the Israeli leaders.
It will be up to the court’s pre-trial judges to determine whether there is sufficient evidence to issue warrants.
Israel is not a member of the court, and even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But Khan’s announcement deepens Israel’s isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
Israel says its offensive in Gaza is aimed at eliminating Hamas and the high civilian toll is due to the terror group’s use of civilians as human shields. Israel has highlighted its efforts to expand humanitarian aid to Gaza and blames the humanitarian crisis on aid agencies failing to properly distribute supplies and on looting of aid trucks by terror groups and gangs.
Netanyahu on Monday termed the ICC prosecutor’s move “the new antisemitism” and on Tuesday said Khan was turning the tribunal into a “kangaroo court” and a “pariah.”
Times of Israel staff contributed to this report.
