ICC prosecutor in veiled warning to Netanyahu: Stop intimidation tactics

“The Office insists that all attempts to impede, intimidate or improperly influence its officials cease immediately,” the International Criminal Court’s Chief Prosecutor Karim Khan wrote on X.

 International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters about the violence in Israel and Gaza in The Hague, Netherlands October 12, 2023 (photo credit: PIROSCHKA VAN DE WOUW/REUTERS)
International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters about the violence in Israel and Gaza in The Hague, Netherlands October 12, 2023
(photo credit: PIROSCHKA VAN DE WOUW/REUTERS)

The International Criminal Court’s Chief Prosecutor Karim Khan issued a veiled warning to Netanyahu to stop his intimidation tactics designed to prevent the issuance of arrest warrants against top Israeli leaders for war crimes, including in Gaza.

“The Office insists that all attempts to impede, intimidate or improperly influence its officials cease immediately,” he wrote in a post on X.

He spoke out after Prime Minister Benjamin Netanyahu and other top Israeli leaders had issued statements against the issuance of such warrants and US politicians had threatened to reimpose sanctions the Trump administration had leveled against the court, but which were rescinded by US President Joe Biden.

Discussions between Israel and the United States 

Israeli President Isaac Herzog brought up the issue when he met with US Secretary of State Antony Blinken on Wednesday.

There is a belief in the Prime Minister’s Office, that US intervention could be helpful. The ICC has not formally announced the issuance of such warrants, which are expected to target Netanyahu, Defense Minster Yoav Gallant and IDF Chief-of-Staff Herzl Halevi.

 Protesters gather outside of the ICC before the Hostage and Missing Families Forum files a complaint against Hamas leaders, February 14th, 2024 (credit: Eyal Radoshitzki)
Protesters gather outside of the ICC before the Hostage and Missing Families Forum files a complaint against Hamas leaders, February 14th, 2024 (credit: Eyal Radoshitzki)

Khan, in his post, did not mention Israel, the US, or Netanyahu, but his statement is broadly believed to be applicable to his investigation into war crimes committed in Gaza, the West Bank, and east Jerusalem over the last decade.

The “independence and impartiality are 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,” Khan wrote.

“Such threats, even when not acted upon, may also constitute an offense against the administration of justice under Art. 70 of the Rome Statute,” he waned.

That provision explicitly prohibits both “[r]etaliating against an official of the Court on account of duties performed by that or another official” and “[I]mpeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform or to perform improperly, his or her duties,” Khan stressed.

Reactions to the warning

US Representative Brian Mast (R-FL) pushed back at Khan's statements in a sharply worded post on X.


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"Let me translate for those that don’t speak legal gibberish,” he wrote. "The International Kangaroo Court is saying don’t criticize or sanction us. If you do, we will come after you. The @IntlCrimCourt doesn’t respect the sovereignty of individual nations. It thinks it’s above them.”

White House Press Secretary Karine Jean-Pierre said in response that “we obviously oppose any threats or intimidation to public officials that -- including ICC officials.”

The Biden administration, however, has been clear that it does not support the ICC’s investigation on Israel, Jena-Pierre stated, adding that We do not believe it's within their jurisdiction.  We've been very clear about that.”