ICC warns against retaliation threats

Hague, 4 April 2024, (GNP): Prosecutors from the International Criminal Court have cautioned against individuals who express intentions to retaliate against the court or its personnel, suggesting that such behavior could be considered a violation of its administration of justice.

On Friday, the ICC did not clarify if the statement was linked to its investigation into potential war crimes by Israel or Palestinian factions in Gaza and the West Bank.

US media reports suggested that the ICC could potentially issue arrest warrants for Israeli figures, including Prime Minister Benjamin Netanyahu, prompting Netanyahu to reportedly urge US President Joe Biden to intervene and prevent such actions by the court.

On Friday, the Hague-based office of ICC chief prosecutor Karim Khan said on X that it sought to “engage constructively with all stakeholders whenever dialogue is consistent with its mandate”.

“That independence and impartiality are undermined, however, when individuals threaten to retaliate against the court or against court personnel” if it “made decisions” about probes that fell in its mandate, it said.

“Such threats, even not acted upon, may constitute an offence” against the ICC’s “administration of justice”, it said.

“The Office insists that all attempts to impede, intimidate or improperly influence its officials cease immediately.”

Escalation of hostilities

Khan’s office declined to respond to questions from AFP about the origin of the retaliation threats. It also refrained from commenting on whether the warnings were related to the investigation into Israel and the conflict in Gaza.

The ICC initiated an inquiry in 2021 into Israel, Hamas, and other armed Palestinian factions for potential war crimes in the occupied territories.

Khan mentioned that this investigation now encompasses violence since October 7, 2023. The New York Times reported Israeli officials stating that Netanyahu could be charged by the court, while the ICC is also considering charges against Hamas leaders.

Several Israeli officials have recently stated that any move by the court to take action against Israel would be deemed as “outrageous.”

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Netanyahu said on X on Wednesday that the ICC was “contemplating issuing arrest warrants against senior Israeli government and military officials as war criminals”.

“This would be an outrage of historic proportions,” he said, alleging that the ICC was “trying to put Israel in the dock”.

On Monday, the United States also voiced its opposition to the ICC’s investigation into Israel’s actions in Gaza.

The ICC is the sole independent court globally established to investigate the most serious offenses committed by individual suspects, including genocide, war crimes, and crimes against humanity.

It has previously issued warrants for national leaders — most recently Russian President Vladimir Putin over the aggression of Ukraine.

The war in Gaza started after Hamas’s October 7 attack on southern Israel.

Israel’s brutal offensive has killed at least 34,568 people in Gaza, mostly women and children, according to the health ministry in the besieged enclave.

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