ICC PROSECUTOR KHAN WAS PREPARING ARREST WARRANTS FOR BEN-GVIR, SMOTRICH BEFORE GOING ON LEAVE

Wed 28 May 2025:

The Wall Street Journal reported Wednesday that Karim Khan, the International Criminal Court’s Chief Prosecutor, was set to pursue arrest warrants for two far-right Israeli cabinet members before taking a temporary leave in May.

According to current and former ICC officials, Khan targeted Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben-Gvir for their involvement in expanding Israeli settlements in the occupied West Bank. Both ministers have been key advocates for settlement growth and have pushed for the annexation of the Gaza Strip.

The WSJ reported that the decision on whether to pursue these cases falls to Khan’s two deputies, and it is unclear how they plan to proceed. Officials and legal experts expressed doubts to the publication about whether the court would proceed without the chief prosecutor on the job, given the “political risks” it would entail.

ICC prosecutors have been discussing whether the two ministers have committed war crimes by advocating for the construction of settlements in the occupied West Bank, the officials told the publication.

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They added that other Israeli officials are also being investigated over their role in expanding Israeli settlements.

At the same time, any new arrest warrants against Israeli officials or Hamas members must be “filed under seal”, meaning they must be made confidentially and not a part of the public record.

Khan stepped down pending the outcome of an investigation into allegations of sexual misconduct, which he categorically denies, leaving the court’s deputy prosecutors in charge of managing the prosecutor’s office.

The ICC issued arrest warrants for Israeli Prime Minister Netanyahu and former Defence Minister Yoav Gallant in November 2024 over alleged war crimes committed in the Gaza Strip — a move that was met with backlash from Israel and its chief ally, the United States.

To mitigate the backlash, officials allegedly urged the court to issue warrants over the settlements first before seeking warrants for Netanyahu and Gallant, as Western nations have already issued sanctions against the illegal outposts.

After the warrants were issued, Khan was targeted with sanctions by the US, which have since halted the tribunal’s work.

Israel argues that as the a non-member of the ICC, its actions in the occupied Palestinian territories don’t fall under the court’s jurisdiction.

However, the ICC ruled in 2021 that Palestine was a state party to the Rome Statute and that the court has jurisdiction over alleged crimes committed within the Palestinian territories.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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