One of 3 ICC judges weighing request to charge Netanyahu, Gallant is replaced

Presiding judge, Romania’s Iulia Motoc, asked to be switched out for medical reasons, is replaced by Slovenian Beti Hohler, in further delay of potential arrest warrants

Undated photo of the International Criminal Court (ICC) in The Hague, the Netherlands. (Oliver de la Haye/iStock)
Undated photo of the International Criminal Court (ICC) in The Hague, the Netherlands. (Oliver de la Haye/iStock)

THE HAGUE, Netherlands — The presiding judge of an International Criminal Court panel considering a request to issue arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant has been replaced on medical grounds.

The court published a decision Friday granting a request by Romanian judge Iulia Motoc to be taken off the case “based on medical grounds and the need to safeguard the proper administration of justice.”

The ruling did not elaborate or disclose further details, saying that “the personal medical situation of Judge Motoc is entitled to medical confidentiality.”

Motoc was replaced by Beti Hohler, a Slovenian who was elected as a judge at the court last year after earlier serving as a trial lawyer in the court’s prosecution office.

The decision is likely to further delay a decision on the request by the court’s chief prosecutor, Karim Khan.

Friday’s announcement about Motoc came as unrelated accusations surfaced that Khan tried for more than a year to coerce a female aide into a sexual relationship and groped her against her will. He categorically denied the allegations, saying there was “no truth to suggestions of misconduct.” Court officials have said they may have been made as part of an Israeli intelligence smear campaign.

Romanian judge Iulia Motoc poses for a photo at the European Court of Human Rights in Rome, Italy, January 20, 2014. (CC-SA, Council of Europe via Wikipedia)

A court watchdog could not determine wrongdoing, but urged Khan in a memo to minimize contact with the woman to protect the rights of all involved and safeguard the court’s integrity.

In his May 20 request for warrants, Khan accused Netanyahu, Gallant and three Hamas leaders — Yahya Sinwar, Muhammad Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.

The three Hamas leaders have since been killed, although Hamas has not confirmed Deif’s death.

Netanyahu called the prosecutor’s accusations against him a “disgrace,” and an attack on the Israeli military and all of Israel.

US President Joe Biden called the request for warrants for Netanyahu and Gallant “outrageous,” adding “whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.”

International Criminal Court Prosecutor Karim Khan (center) announces that he has requested arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh, May 20, 2024. (Courtesy, International Criminal Court)

Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Hamas-led terrorists stormed southern Israel on October 7, 2023, killing some 1,200 people, mostly civilians, and abducting another 251, 97 of whom remain in Gaza, including at least 34 confirmed dead.

Israel’s retaliatory offensive has killed over 42,000 Palestinians, according to Gaza’s Hamas-run health ministry. The toll, which cannot be verified, does not distinguish between civilians and combatants. The IDF says it has killed some 17,000 combatants in battle as of August, as well as about 1,000 terrorists inside Israel during the shock assault.

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