Israel asks ICC to probe possible bias of new judge on arrest warrant panel
AG’s office says Beti Hohler previously worked in prosecutor Khan’s office, and questions her impartiality in deciding if Netanyahu, Gallant should face war crimes charges
AMSTERDAM, The Netherlands — Israel has questioned the impartiality of an International Criminal Court judge appointed to a panel deciding whether an arrest warrant should be issued for Prime Minister Benjamin Netanyahu over the war in Gaza.
The move could further delay a decision in the case, prompted by ICC chief prosecutor Karim Khan’s May request for arrest warrants against Netanyahu, former defense minister Yoav Gallant, and three Hamas leaders who have since been killed.
The request requires the approval of ICC judges but their decision has been delayed, partly because of several rounds of legal filings by Israel challenging the court’s jurisdiction.
Last month, Romanian magistrate Iulia Motoc stepped down from the panel, citing health grounds. She has been replaced by ICC Judge Beti Hohler, who is Slovenian.
But on Monday, the office of Attorney General Gali Baharav-Miara alleged in a court filing that Hohler had worked for the Office of the Prosecutor before she was elected as an ICC judge in December.
“Israel respectfully requests that judge Beti Hohler provide information to clarify whether there are (or are not) grounds to reasonably doubt her impartiality,” read the statement.
We are delighted to have Judge Beti Hohler of the @IntlCrimCourt, deliver an online guest lecture for staff and students entitled 'ICC Jurisprudence and International Humanitarian Law' on Wednesday 6th November at 10am. Watch the online lecture in the ICHR seminar room. #ICC pic.twitter.com/zXB3giWUjl
— Irish Centre for Human Rights (@IrishCentreHR) October 31, 2024
“Israel does not suggest that judge Hohler’s previous employment with the OTP necessarily or automatically gives rise to a reasonable apprehension of a lack of impartiality,” it said. “However, judges of this Court have acknowledged that previous duties within the OTP may, depending on the circumstances, give rise to a reasonable apprehension of bias.”
Filing the request for arrest warrants in May, the ICC’s chief prosecutor said there were reasonable grounds to believe that Netanyahu, Gallant and Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohammed Deif had committed war crimes and crimes against humanity.
All three Hamas leaders were killed in recent months, and last week, Gallant was fired as defense minister.
Israel has steadfastly rejected the charges and portrayed the request as antisemitic, with some comparing it to a blood libel.
Further complicating the case have been allegations that surfaced in recent weeks accusing Khan of sexual misconduct. The ICC has ordered an external investigation into the claims, after an internal probe was closed within days.
Some US senators have urged the court to wait on the arrest warrant decision until the sexual misconduct charges are clarified.
The court has no set deadlines for its decision, but has generally taken about three months to rule on requests for arrest warrants in previous cases.
Times of Israel staff contributed to this report.
