Israel and the ICC
Maariv, Israel, May 4
The prosecutor of the International Criminal Court, Karim Khan, made a significant statement last week, addressing the ongoing defamation campaign directed toward him and the ICC at large. Although not explicitly naming a specific country, the timing and context of his message suggest a clear correlation between recent statements made by senior Israeli and American officials and rumors circulating about the potential issuance of arrest warrants against key Israeli figures including the prime minister, defense minister, and IDF chief of staff. Khan specifically cited Article 70 of the court’s constitution, emphasizing that any attempts to obstruct or influence a court official from carrying out its duties constitute a punishable offense, which member states are obligated to integrate into their domestic criminal laws. Notably, both Israel and the United States are not parties to the court’s constitution and therefore do not fall under the direct purview of Article 70. While member states, especially those in Europe, could be subject to its provisions, practical challenges exist in invoking this article due to legal, diplomatic, and political complexities. Nevertheless, the prosecutor’s proclamation should not be overlooked. It serves as a firm declaration of his commitment to upholding the integrity of the court despite external pressures and intimidation tactics. Furthermore, the efforts aimed at dissuading him from issuing arrest warrants against Israeli officials may inadvertently catalyze the opposite effect, prompting Khan to consider similar actions to counter attempts at coercion. From Israel’s perspective, engaging in public clashes with the International Criminal Court or its prosecutor may not be the most strategic approach. Rather than abandoning efforts to shield its high-ranking officials and military personnel from potential arrest warrants, Israel could proactively demonstrate to the court its willingness and capacity to thoroughly investigate allegations of wrongdoing within its own judicial system. The principle of complementarity, a cornerstone of the International Criminal Court, stipulates that the court should intervene only when national jurisdictions are unwilling or unable to prosecute crimes. Therefore, for Israel to avoid external legal ramifications, it must showcase a genuine commitment to investigating specific cases and offenses independently. Israel’s relationship with the International Criminal Court stems from the contentious accession of the Palestinians to the court’s constitution in 2015. Following this development, a preliminary examination was initiated by former prosecutor Fatou Bensouda, leading to an official investigation against Israel in 2021. In the current context, Prosecutor Karim Khan’s potential indictment requests are rooted in Israel’s recent actions in Gaza, rather than the ongoing investigation that includes an examination of the legality of settlements. Israel’s approach to these legal challenges will play a crucial role in shaping its standing as a law-abiding democracy on the global stage. By navigating this complex landscape with tact and prudence, Israel can mitigate potential long-term repercussions and preserve its reputation as a responsible member of the international community. Failure to do so could result in protracted legal struggles with far-reaching consequences for the country’s image and standing. —Ido Rosenzweig (translated by Asaf Zilberfarb)
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