ICC prosecutor urges Appeals Chamber to reject Israeli petition against arrest warrants

International Criminal Court Prosecutor Karim Khan at the Cour d'Honneur of the Palais Royal in Paris on February 7, 2024. (Dimitar Dilkoff/AFP)
International Criminal Court Prosecutor Karim Khan at the Cour d'Honneur of the Palais Royal in Paris on February 7, 2024. (Dimitar Dilkoff/AFP)

The prosecutor of the International Criminal Court has urged the ICC Appeals Chamber to reject Israel’s attempt to suspend arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant.

Israel this week filed a direct appeal to the Appeals Chamber, arguing that the investigation and arrest warrants are procedurally flawed. It also requested a suspension of the warrants while the appeal is resolved. At the same time, Israel filed an appeal with the Pre-Trial Chamber, which issued the warrant.

Prosecutor Karim Khan has urged the Chamber to reject the direct appeal, arguing it doesn’t meet the legal conditions required under ICC rules. He says the decision Israel is challenging doesn’t involve “admissibility,” a key requirement for such appeals, but instead addresses procedural complaints about the investigation.

Citing past ICC rulings, Khan argues the case should stay with the Pre-Trial Chamber, where Israel has already filed its separate request. He also argues there is no basis to suspend the arrest warrants.

The Appeals Chamber has not yet decided whether it will hear Israel’s appeal.

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