ICC prosecutor says he’s seen no evidence Israeli courts are genuinely probing Gaza crimes

International Criminal Court’s Chief Prosecutor Karim Khan tells Israel’s Channel 12 news that he recommended issuing arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant because he had not seen compelling evidence that Israeli courts were probing alleged violations in Gaza.

Khan was responding to a question from the channel as to why he would take the step when the court, by virtue of its charter, cannot hold trials for nationals of countries that have independent judiciaries and that are able and willing to conduct investigations and legal proceedings themselves into the purported crimes the ICC is concerned with.

“Despite significant efforts by the prosecutor’s office, he did not receive information from Israel that proves genuine legal processes are taking place to check or investigate the stated crimes,” his office tells the TV station.

Khan was also asked why he canceled a scheduled trip to Israel ahead of his announcement and tells the channel he is willing to continue negotiations and dialogue with Israel as the process goes forward.

Channel 12 also reports that one of the three judges assigned to decide if the court will agree to Khan’s recommendation has recused herself.

Maria del Socorro Flores Liera of Mexico declined to take part in the hearings as her husband, a senior Mexican diplomat has taken part in formulating accusations against Israel, the report says.

She will be replaced by French judge Marc Perrin de Brichambaut who will join Iulia Motoc of Romania and Reine Alapini-Gansou of Benin.

Channel 12 says Israeli officials are wary of the French judge given France’s failure to condemn Khan like Israel’s other Western allies have.

“France supports the International Criminal Court, its independence and the fight against impunity in all situations,” the foreign ministry said yesterday.

“As far as Israel is concerned, it will be up to the court’s pre-trial chamber to decide whether to issue these warrants, after examining the evidence put forward by the prosecutor,” the ministry said.