Statement released after Israeli and US officials rebuke the court for possible arrest warrants over Gaza war.
The prosecutor’s office at the International Criminal Court (ICC) has appealed for an end to what it calls intimidation of its staff, saying such threats could constitute an offence against the “administration of justice” by the world’s permanent war crimes court.
The Hague-based office of ICC Prosecutor Karim Khan said in a statement on Friday that all attempts to impede, intimidate or improperly influence its officials must cease immediately.
While the prosecutor’s statement did not mention Israel, it was issued after Israeli and US officials have warned of consequences against the ICC if it issues arrest warrants over Israel’s war on Gaza.
“The Office seeks to engage constructively with all stakeholders whenever such dialogue is consistent with its mandate under the Rome Statute to act independently and impartially,” Khan’s office said.
“That independence and impartiality is undermined, however, when individuals threaten to retaliate against the Court or against Court personnel should the Office, in fulfillment of its mandate, make decisions about investigations or cases falling within its jurisdiction.”
It added that the Rome Statute, which outlines the ICC’s structure and areas of jurisdiction, prohibits threats against the court and its officials.
— Int’l Criminal Court (@IntlCrimCourt) May 3, 2024
Over the past week, media reports have indicated that the ICC might issue arrest warrants for Israeli officials, including Prime Minister Benjamin Netanyahu, over the country’s conduct in Gaza.
The court may prosecute individuals for alleged war crimes, crimes against humanity and genocide. The Israeli military has killed nearly 35,000 people in Gaza and destroyed large parts of the territory since the start of the war on October 7.
News of possible ICC charges against Israeli officials led to an intense pushback by the country and its allies in the United States.
On Tuesday, Netanyahu released a video message rebuking the court. “Israel expects the leaders of the free world to stand firmly against the ICC outrageous assault on Israel’s inherent right of self-defence,” he said.
“We expect them to use all the means at their disposal to stop this dangerous move.”
In Washington, several legislators called on President Joe Biden to intervene and thwart any ICC action against Israel.
“It would be a fatal blow to the judicial and moral standing of ICC to pursue this path against Israel,” Democratic Senator John Fetterman wrote in a social media post this week.
“Calling on [Biden] to intervene as part of the administration’s ongoing commitment to Israel.”
In 2021, the Biden administration lifted US sanctions against ICC officials that had been imposed by former President Donald Trump.
Israel and the US have not ratified the Rome Statute, but Palestine, a permanent observer state at the United Nations, has accepted the court’s jurisdiction.
The court has been investigating possible Israeli abuses in the occupied Palestinian territory since 2021. Khan has said his team is investigating alleged war crimes in the ongoing war in Gaza.
In October, Khan said the court had jurisdiction over any potential war crimes committed by Hamas fighters in Israel and by Israeli forces in Gaza.
Israel has long been accused of acting with impunity in the Palestinian territory it occupies, relying on support from the United States and the broader West to protect it from repercussions.
Yet a recent flurry of media reports out of Israel indicates that Israeli officials may be worried about the winds changing with the International Criminal Court (ICC) reportedly planning to charge top Israeli military and political figures with war crimes and crimes against humanity in Gaza.
Israeli media reports indicate that arrest warrants could be issued as soon as this week and that Israel has asked the US to pressure the court to not issue them. Al Jazeera has been unable to independently confirm the potential warrants.
In March 2021, an ICC investigation of Israeli conduct in Gaza and the occupied West Bank and East Jerusalem since 2014 was launched under former ICC Prosecutor Fatou Bensouda.
In November last year, Bangladesh, Bolivia, Comoros, Djibouti and South Africa referred Israel’s conduct to the court again, resulting in current Prosecutor Karim Khan announcing that the ongoing investigation had been expanded to include violence since Israel’s latest war in Gaza began in October.
A month later, on a visit to the West Bank and Israel, he said the court would investigate crimes by both Israel and Hamas on and since October 7.
Why an investigation that has been under way for three years has caused such sudden concern within Israel has raised some questions.
Israel and the ICC
Israel is not a signatory to the Rome Statute, the treaty that established the ICC, and, as such, does not recognise its authority, and neither does the US.
Normally, that would mean the court could not investigate Israel; however, its jurisdiction extends to crimes committed by a member state or on the territory of one of its member states, of which Palestine is one, having joined by request of the Palestinian Authority in 2015.
As such, the court has the power to investigate grave crimes and issue arrest warrants against anyone – including Israeli soldiers and officials – implicated in perpetrating atrocities in the West Bank or Gaza.
According to Israeli news outlets, Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and army chief Herzi Halevi could all be hit with arrest warrants in the coming days, which could significantly impact their political and military careers.
Netanyahu said last week on social media that Israel would “never accept any attempt by the ICC to undermine its inherent right of self-defense”.
Malnourished Palestinians wait to receive food aid in Jabalia refugee camp in Gaza on March 27, 2024 [Mahmoud Issa/Anadolu Agency]
“These two charges are the easiest to trace up to the senior leadership [of both parties],” said Adil Haque, a professor of law at Rutgers University in New Jersey.
Israel’s war on Gaza has killed nearly 35,000 Palestinians, left the enclave on the verge of famine and uprooted nearly all of the more than two million people who live there.
Israel has defended its conduct in the war under the pretext of self-defence after the Hamas-led October 7 attacks on southern Israel led to the deaths of 1,139 people and the capture of about 250.
Israel has since faced accusations of genocide at the International Court of Justice (ICJ), the highest United Nations court, which, like the ICC, is based in The Hague.
Experts believe ICC indictments could further undermine the legitimacy of Israel’s war on Gaza and complicate its exceptional relationship with European allies who are members of the Rome Statute.
“This would be a huge moment for the ICC itself, for Israel and just as importantly for Israel’s allies,” said Hugh Lovatt, a senior policy fellow and expert on Israel-Palestine with the European Council for Foreign Relations.
“It would clearly be seen as further stigmatising Israel … for its actions in Gaza.”
Political repercussions
Of the three people seen as potential subjects for ICC arrest warrants, Netanyahu would face the largest dilemma. He is already fighting for his political survival as he stands trial on corruption charges and for the security failures that allowed the October 7 attacks.
Israeli Prime Minister Benjamin Netanyahu [File: Ronen Zvulun/Pool]
As head of state, he could be barred from visiting the European Union, where all member states are theoretically required to arrest him as part of their obligations under the Rome Statute.
“There are 120 members of the [ICC] who in principle would be obligated to arrest them if they stepped foot in those countries, and there is an argument that any country – even if they are not party to the court – could arrest them,” Haque said.
Israel claims to have the “most moral army in the world” and Palestinians are a “stateless mass of unorganised, violent people that attacks Israel unjustifiably”, said Alonso Gurmendi Dunkelberg, an expert in international law and a lecturer at King’s College London.
“Israel’s whole narrative … of the conflict is at risk,” Dunkelberg added. “When you start chipping at the edges of the debate, you will find [Israel] is at the ICJ being sued for genocide … and then you add the ICC. Eventually at some point, [Israel’s] narrative starts to really weaken.”
Double standards
ICC arrest warrants against Israeli officials could have stark implications for Israel’s European allies, who would be forced to balance their exceptional relationship with Israel with their ostensible support of the international rights-based order, according to Lovatt.
“European countries supported the ICC arrest warrant against [Russian President] Vladimir Putin [for atrocities in Ukraine], …so how can they come out and suddenly oppose or criticise an ICC indictment on Israeli officials?” he asked.
Khan and Ukrainian Prosecutor General Iryna Venediktova visit a mass grave in the town of Bucha outside Kyiv on April 13, 2022 [Volodymyr Petrov/Reuters]
“If they shield Israel from international accountability yet again, then it will further underscore – in the eyes of many other countries in the Global South – that the West is engaged in this obvious game of double standards, and that will undermine … the international legal order.”
Dunkelberg added that there is a possibility that close Israeli allies who also have commitments to the ICC, such as France, Germany and the United Kingdom may refuse to arrest indicted Israeli leaders who visit their countries.
Such a move would be damaging to the global credibility of the court, but it would not be unprecedented. In 2009, the ICC indicted Omar al-Bashir, Sudan’s former president, for war crimes, but African states refused to comply with the ICC’s arrest warrant.
At the time, European leaders and rights groups criticised African states for their failure to uphold their commitments under the Rome Statute, Dunkelberg said, adding that most Global South leaders are keenly aware of the double standards.
However, Europe could deal the court a death blow if it refuses to comply with any ICC arrest orders against Israeli officials.
That could set a precedent under which signatories of the Rome Statute simply dismiss the ICC’s arrest orders or withdraw from the court.
“If all of a sudden when the chips are down, Israel just gets a pass, then that would be the last nail in the coffin. It would create a massive legitimacy crisis for the ICC,” Dunkelberg said.
“There is a political cost for Europe to continue to act in hypocritical ways.”
It is the second time the court has announced arrest warrants for Russian officials in relation to the war in Ukraine.
The International Criminal Court (ICC) has issued arrest warrants for high-ranking Russian commanders Sergei Kobylash and Viktor Sokolov over alleged war crimes in Ukraine, it said in a statement.
The ICC said on Tuesday that the pair were responsible for “missile strikes carried out by the forces under their command” against Ukrainian electric infrastructure from at least October 10, 2022, until at least March 9, 2023.
“During this timeframe, there was an alleged campaign of strikes against numerous electric power plants and sub-stations, which were carried out by the Russian armed forces in multiple locations in Ukraine,” the court said.
The warrants mark the second such warrants issued calling for the arrest of Russian officials related to the war in Ukraine, a conflict which recently hit the two-year mark.
In March last year, the ICC issued arrest warrants for President Vladimir Putin and Children’s Commissioner Maria Lvova-Belova on war crimes charges related to the abduction of Ukrainian children. The Kremlin has rejected the allegations.
The ICC said the attacks led by Koblylash and Sokolov on Ukraine’s electrical grid caused civilian harm which was excessive when compared with any expected military advantage.
Before the ICC’s announcement, Ukraine’s prosecutors were already investigating possible war crimes after a winter campaign of air raids on Ukrainian energy and utilities infrastructure.
Ukrainian President Volodymyr Zelenskyy welcomed the ICC’s decision on Tuesday.
“Every Russian commander who orders strikes against Ukrainian civilians and critical infrastructure must know that justice will be served. Every perpetrator of such crimes must know that they will be held accountable,” he said on social media platform X.
Russia has denied deliberately targeting civilian infrastructure in Ukraine, saying that its attacks are conducted to limit Kyiv’s ability to fight.
The Geneva Conventions and additional protocols under international courts say that militaries should distinguish between “civilian objects and military objectives”, without attacking the former.
However, some infrastructure owned and used by civilians can also be a military target, with some experts arguing civilian power plants or railways could fall into this category.
As with Putin and Lvova-Belova, there is little prospect that either Kobylash or Sokolov will be turned over to face trial in The Hague.
Russia is not a member of the court, does not recognise its jurisdiction and refuses to hand over suspects charged by the court.
There is growing pressure to hold Israel to account for its war on Gaza.
It has been more than three months since Israel launched its devastating war on Gaza. Nearly 25,000 Palestinians have now been killed, and tens of thousands more injured.
Many countries have rejected Israel’s actions – and South Africa has taken it to the International Court of Justice (ICJ), accusing it of committing genocide.
Israel’s president, Isaac Herzog, even became the subject of criminal complaints in Switzerland.
Meanwhile, Mexico and Chile have referred Israel to the International Criminal Court (ICC).
But will any of this make a difference?
Presenter: Elizabeth Puranam
Guests:
Lara Elborno – International lawyer and human rights advocate who co-hosts the weekly podcast, The Palestine Pod
William Schabas – Professor of international law at Middlesex University in the United Kingdom
Jennifer Cassidy – Lecturer in diplomacy and international law at the University of Oxford and a former UN and EU diplomat
South Africa launches a legal battle against Israel at the top court of the United Nations.
Israel’s war on Gaza has killed tens of thousands of Palestinians and forced most others from their homes.
Now, it is going to have to answer to charges of genocide in a court of law.
South Africa is launching a case against Israel at the International Court of Justice (ICJ) – the United Nations’ highest legal body.
While a final ruling could be years away, the ICJ could make a provisional order for Israel to end its campaign in a matter of weeks.
So how significant would that be? And will it help bring an end to the conflict?
Presenter: Adrian Finighan
Guests:
Ahmed Abofoul – an international lawyer and legal researcher at Al-Haq, a leading Palestinian human rights organisation
Chris Gunness – a former spokesman for the UN Relief and Works Agency for Palestine Refugees (UNRWA)
Adama Dieng – a former UN special adviser on the prevention of genocide and a special adviser to the Office of the Prosecutor at the International Criminal Court
Here are countries which welcomed the ICJ case that says Israel is committing genocide against Palestinians in Gaza.
The International Court of Justice (ICJ) based in The Hague will hold its first hearing in South Africa’s genocide case against Israel on Thursday, with several countries welcoming the move amid a global chorus for a ceasefire in Gaza.
South Africa filed the lawsuit end of December, accusing Israel of genocide in its war on Gaza and seeking a halt to the brutal military assault that has killed more than 23,000 Palestinians, nearly 10,000 of them children.
The 84-page filing by South Africa says Israel violated the 1948 Genocide Convention, drawn up in the aftermath of World War II and the Holocaust.
Both Israel and South Africa are signatories to the United Nations Genocide Convention, which gives the ICJ – the highest UN legal body – jurisdiction to rule on disputes over the treaty.
All states that signed the convention are obliged to not commit genocide and also to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
Here’s what we know about the countries backing South Africa in its case against Israel, and the countries that oppose the case at the world court.
Which countries have welcomed South Africa’s ICJ case against Israel?
The Organization of Islamic Countries (OIC): The 57-member bloc, which includes Saudi Arabia, Iran, Pakistan and Morocco, voiced their support for the case on December 30.
Malaysia: In a statement released on January 2, the Malaysian Ministry of Foreign Affairs welcomed the South African application. It reiterated a call for an independent Palestinian state “based on the pre-1967 borders, with East Jerusalem as its capital”.
Turkey:Turkish Ministry of Foreign Affairs spokesperson Oncu Keceli posted on X on January 3 welcoming South Africa’s move.
Jordan: Foreign Minister Ayman Safadi said on January 4 that Amman would back South Africa.
Bolivia: On Sunday, the Ministry of Foreign Affairs of Bolivia dubbed South Africa’s move as historic, becoming the first Latin American country to back the ICJ case against Israel.
Besides countries, many advocacy groups and civil society groups worldwide have also joined South Africa’s call. These include Terreiro Pindorama in Brazil, Asociacion Nacional de Amistad Italia-Cuba in Italy, and Collectif Judeo Arabe et Citoyen pour la Palestine in France, reported independent outlet Common Dreams.
Which countries filed the ICC request earlier?
Bolivia also pointed out it had earlier filed a request to International Criminal Court (ICC) Prosecutor Karim Khan alongside South Africa, Bangladesh, Comoros, and Djibouti to investigate the situation in Palestine. Khan said he received the request on November 30.
The ICC and the ICJ are sometimes conflated with one another. Both the courts are located in The Hague, Netherlands. While the purpose of the ICJ is to resolve conflicts between states, the ICC prosecutes individuals for committing crimes, according to the University of Melbourne’s Pursuit platform. While states cannot be sued at the ICC, the prosecutor can open an investigation where crimes, including genocide, were likely committed.
Who is not backing South Africa’s ICJ case?
The United States has voiced its opposition to the genocide case. National security spokesperson John Kirby called South Africa’s submission “meritless, counterproductive, and completely without any basis” during a White House press briefing on January 3.
Israeli President Isaac Herzog told US Secretary of State Antony Blinken on Tuesday that “there is nothing more atrocious and preposterous” than the lawsuit. Herzog also thanked Blinken for Washington’s support of Israel.
Israel’s Western allies, including the European Union, have mostly maintained silence on the ICJ case.
The United Kingdom, which has refused to support the case, has been accused of double standards after it submitted detailed legal documents to the ICJ about a month ago to support claims that Myanmar committed genocide against the Rohingya community.
The Al Jazeera Arabic cameraman was killed by a drone attack while reporting on the bombing of a school in southern Gaza Strip.
The Al Jazeera Media Network says it will refer the killing of its cameraman Samer Abudaqa in Gaza to the International Criminal Court (ICC).
In a statement on Saturday, the Qatar-based network said it has instructed its legal team to “urgently” refer the case of what it called “the assassination” of Al Jazeera Arabic cameraman Samer Abudaqa to the court in The Hague.
Abudaqa was killed by a drone attack on Friday while reporting on an earlier bombing of a school used as a shelter for displaced people in Khan Younis in the southern Gaza Strip.
Samer Abudaqa [Screengrab/Al Jazeera]
“Al Jazeera Media Network reiterates its denunciation and condemnation of the assassination crime of its colleague, Samer Abudaqa, who devoted 19 years with the Network to covering the ongoing conflict in the occupied Palestinian territories,” said the network’s statement.
“In addition to the assassination of Abudaqa by the Israeli occupation forces in the Gaza Strip, the legal file will also encompass recurrent attacks on the Network’s crews working and operating in the occupied Palestinian territories and instances of incitement against them.”
Targeting journalists is a war crime under Article 8 of the Rome Statute.
The media network said it has set up a working group comprising its international legal team and international legal experts to submit a file to the court’s prosecutor.
Al Jazeera Arabic correspondent Wael Dahdouh – who lost his wife, son, daughter and grandson in a previous Israeli bombing – was wounded in the same attack on Friday. He was hit by shrapnel on his upper arm and managed to reach the Nasser Hospital where he was treated for minor injuries.
But rescue teams were unable to immediately reach Abudaqa and others at the site as they needed approval from Israeli forces to bulldoze through the debris to get to the location.
By the time rescuers arrived five hours after the attack, Abudaqa had bled to death.
The 45-year-old was laid to rest in southern Gaza on Saturday, with dozens of mourners, including journalists, paying their respects.
“We are carrying this human message, we are carrying this noble message,” Dahdouh said in his eulogy as mourners around him wept. “We will continue to do our duty with professionalism and transparency.”
Al Jazeera had previously submitted a formal request to the ICC to investigate and prosecute those responsible for shooting a veteran television reporter Shireen Abu Akleh in May 2022 while covering an Israeli military raid on the Jenin refugee camp in the occupied West Bank.
Evidence provided in the request, filed in December 2022, includes a comprehensive six-month investigation by the network, gathering witness accounts and video footage, among other material.
The ICC has acknowledged its receipt, yet no further steps have been taken.
The Committee to Protect Journalists (CPJ) says the ongoing conflict in Gaza is the deadliest for journalists ever recorded, with at least 64 reporters and media workers killed in 10 weeks of the enclave’s bombing.
The CPJ has also called on the international authorities to “conduct an independent investigation into the attack to hold the perpetrators to account”.
Qatar’s prime minister says the country will continue efforts towards facilitating another truce and reaching a permanent ceasefire in Gaza.
Qatar’s prime minister has said his country is calling for an “immediate, comprehensive and impartial international investigation” into what he called Israeli crimes in Gaza.
Sheikh Mohammed bin Abdulrahman bin Jassim Al Thani also told Al Jazeera on Sunday that Qatar would continue its efforts towards facilitating another truce and reaching a permanent ceasefire in the besieged enclave.
A week-long Israel-Hamas truce – brokered by Qatar with the support of Egypt and the United States – led to the release of 80 Israeli captives in exchange for 240 Palestinian prisoners.
The truce ended on Friday, with both sides trading accusations of violating the conditions of the deal.
The prospect of a further truce in Gaza appeared bleak on Saturday after Israel pulled its Mossad negotiators from Qatar, while Hamas’s deputy leader told Al Jazeera it will not hold further talks on the swap of Israeli captives for imprisoned Palestinians.
Since Friday, Israel has intensified its attacks on Gaza, with a government media official telling Al Jazeera that 700 Palestinians have been killed in Israeli attacks during the last 24 hours.
According to Gaza’s Ministry of Health, 15,523 Palestinians have died in the enclave since the war began on October 7 – more than 70 percent of them women and children.
ICC to ramp up war crimes probe
Meanwhile, the chief prosecutor for the International Criminal Court (ICC), Karim Khan, called on Israel and Hamas to abide by international law, saying his office will ramp up investigations into potential war crimes.
“All actors must comply with international humanitarian law. If you do not do so, do not complain when my office is required to act,” Khan said on Sunday as he wrapped up his four-day visit to Israel and the occupied West Bank.
Khan stressed his visit was “not investigative in nature” but said he was able to speak to victims on both sides of the conflict.
“Credible allegations of crimes during the current conflict should be the subject of timely, independent examination and investigation,” he said.
Set up in 2002, the ICC is the world’s only independent court set up to probe the gravest offences including genocide, war crimes and crimes against humanity. It opened an investigation in 2021 into Israel as well as Hamas and other armed Palestinian groups for possible war crimes in the Palestinian territories.
Khan also called for humanitarian aid to immediately be let into Gaza, adding that Hamas must not misuse such aid.
“On humanitarian access, the law does not allow for doubt,” he said. “Civilians must have access to basic food, water and desperately needed medical supplies, without further delay, and at pace and at scale.”
He previously said that blocking the delivery of aid to Gaza could also constitute a war crime under the ICC’s jurisdiction.
Israel, which is not a member of the ICC, has previously rejected the court’s jurisdiction and does not formally engage with it.
The ICC Men’s Cricket World Cup is all set to kick start on October 5 in Ahmedabad, and Disney+ Hotstar is offering coverage of this year’s international championship in India for free. As we are getting closer to the 13th edition of the competition, Disney+ Hotstar has announced a new MaxView feature in association with the International Cricket Council (ICC). This functionality will allow cricket fans to watch the game in vertical mode on the OTT platform. Additionally, the streaming giant has updated its Android and iOS apps with a live feed tab, Scorecard tab, and AI-based video clarity enhancements.
Disney+ Hotstar, via press release on Tuesday (October 3), announced the addition of new features for mobile users. The streaming platform is offering a new MaxView feature in collaboration with the ICC. This functionality would allow users to watch the game in vertical mode (9X14 portrait view), facilitating a one-handed viewing experience. The live feed tab and Scorecard tab will also be available in vertical mode, along with vertical ad formats. Users can avail of single-player frames in MaxView mode to get a closer look at their favourite player. It will also show a split view.
Further, the company claims that the updated Disney+ Hotstar app has been optimised to reduce data usage while ensuring high-quality streaming. The platform has also added an AI-based filter at the backend to improve the viewing experience on mobile devices.
Furthermore, the OTT platform has added an always-on cricket scorecard pill. This update will let users keep track of live games while accessing other content on the platform. Additionally, Disney+ Hotstar is bringing a new content discovery feature known as the Coming Soon tray. Viewers can set reminders for upcoming content with this facility. Furthermore, the platform will segregate free and paid content in separate trays by providing free callouts on the homepage trays.
During the ICC Men’s Cricket World Cup, the platform will also show “free badges” that will assist non-subscribed customers in discovering content available to them for free.
The Disney+ Hotstar Super subscription in India starts at Rs. 899 a year with advertisements, offering a 1080p experience. The ad-free Premium package costs Rs. 1,499 and supports Ultra-HD resolution streaming. The Mobile subscription with ad support is priced at Rs. 499 a year.
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