Israel asked the International Criminal Court last week to withdraw arrest warrants that it issued for Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant, as the ICC reviews Israeli challenges to its jurisdiction over the Gaza war.
Documents published on the ICC website late on Sunday, dated May 9, show Israel also asked the court to suspend the investigation of their alleged crimes until the judges rule on a jurisdictional challenge presented by Israel.
The documents are signed by Israeli Deputy Attorney General Gilad Noam.
They were published as ICC Chief Prosecutor Karim Khan faces allegations of sexually assaulting a member of his staff, and amid speculation that these allegations spurred Khan to issue the warrants.
The ICC issued arrest warrants on November 21 for Netanyahu and Gallant over alleged war crimes amid the war in Gaza, including “starvation as a method of war.”
Israel rejects the jurisdiction of The Hague-based court. It also insists that its fighting in Gaza has accorded with international law, citing measures it has taken to avoid civilian casualties and to facilitate the entry of humanitarian aid. It is contesting the warrants against Netanyahu and Gallant.
The court also issued warrant for Hamas terror chiefs Yahya Sinwar, Mohammed Deif and Ismail Haniyeh for crimes against humanity during the October 7, 2023, onslaught — in which some 5,000 Hamas-led terrorists killed some 1,200 people and took 251 hostages, starting the war — and beyond, but withdrew the warrants after all three were killed by Israel in separate incidents.
In April, the ICC’s appeals chamber ruled that the judges of the pre-trial chamber, which issued the warrants, must review Israel’s objections regarding the court’s jurisdiction and the legality of the arrest warrants.
It is unclear what form the ordered review will take, and there are no specific deadlines set for decisions on Israel’s request that warrants be withdrawn and the investigation halted.
The Israeli request was submitted a day before The Wall Street Journal, on Saturday, published a report detailing allegations that ICC Chief Prosecutor Karim Khan forced sexual intercourse upon a member of staff on multiple occasions.
“The timing of the announcement has spurred questions about whether Khan was aiming to protect himself from the sexual-assault allegations,” the report noted.
A day before announcing he applied for the warrants, Khan abruptly canceled a trip to Israel and Gaza, which he previously said would be important for making a decision on the matter.
Khan denies all wrongdoing, and has alleged that the accusations against him were part of an effort to undermine the ICC. The Journal report said that court officials were concerned that the Mossad was operating at The Hague. No further details were given.
Khan remains in his position, and the ICC did not respond to a Journal request for comment.