Israel asks ICC to bar prosecutor under investigation from cases against PM, Gallant

Israel on Monday filed an appeal to the International Criminal Court, asking it to bar its prosecutor, Karim Khan, from any involvement in ongoing cases against Israeli officials.

The appeal also sought the revocation of the arrest warrants issued by the court, on Khan’s request, against Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, which include allegations of crimes against humanity and war crimes during the war in Gaza.

Khan is currently on leave from his position, due to an ongoing investigation into sexual misconduct allegations made against him by a female staffer at the ICC. A second woman came forward in August to make similar allegations.

The Foreign Ministry said that the appeal was filed “due to grave information and reports that raise serious concerns that the prosecutor acted out of illegitimate personal motives to advance false and baseless claims against Israel.”

“This was [done] in order to divert public attention away from the severe allegations against him of serial sexual harassment against a worker who was subordinate to him,” the ministry asserted.

The ministry argued that the legal processes against Netanyahu and Gallant have been tainted in a “deep and irreversible manner,” and therefore requested that the appeals chamber of the court bar Khan from further involvement in the cases and revoke the arrest warrants.

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

In April, it was reported that United Nations investigators examining the allegations were also looking into allegations that Khan retaliated against staff who reported the allegations or were critical of his handling of the matter.

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.

Last month, a separate Israeli appeal against the warrants was rejected by the court, though it continues to weigh yet another, broader appeal questioning its own jurisdiction.

ICC warrants were also issued against three Hamas leaders, all of whom have since been killed by Israel.

Times of Israel staff contributed to this report.