International Criminal Court Chief Prosecutor Karim Khan was preparing arrest warrants for Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben Gvir before taking leave amid a UN investigation into his sexual assault allegations, according to current and former court officials cited by The Wall Street Journal.
Court officials and legal experts believe the ICC is unlikely to proceed against the two ministers in the absence of a chief prosecutor. Advancing such cases would escalate tensions between the court and Israel, expanding the conflict beyond the Gaza war that prompted last year’s arrest warrant for Prime Minister Benjamin Netanyahu. Additional warrants could also strain relations with the Trump administration and potentially trigger new sanctions from Washington against court officials.
On February 6, Trump imposed sanctions on the ICC because the court “without a legitimate basis, asserted jurisdiction over and opened preliminary investigations concerning personnel of the United States and certain of its allies, including Israel, and has further abused its power by issuing baseless arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and Former Minister of Defense Yoav Gallant.”
Trump continued: “The ICC has no jurisdiction over the United States or Israel, as neither country is a party to the Rome Statute or a member of the ICC. Neither country has ever recognized the ICC’s jurisdiction, and both nations are thriving democracies with militaries that strictly adhere to the laws of war.”
Karim Khan, the International Criminal Court’s chief prosecutor and its most prominent public figure, went on leave this month following a report by The Wall Street Journal. According to the report, a female aide in her 30s accused Khan of coercing her into sex multiple times. She also claimed he referenced the court’s investigations into Prime Minister Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders as part of an effort to pressure her into retracting her allegations. Khan has denied any involvement in sexual misconduct.
On March 15, the Associated Press reported that Khan had been locked out of his email and his bank accounts had been frozen. American staff members at the Hague-based court have been warned that traveling to the United States could lead to their arrest. Also, several nongovernmental organizations have cut ties with the ICC, and the leadership of one group is no longer responding to emails from court officials.
ICC prosecutors have been considering whether Bezalel Smotrich and Itamar Ben Gvir committed war crimes by promoting the expansion of Jewish settlements in Judea and Samaria. The Geneva Conventions prohibit states from transferring their populations into territories they occupy. Israel, however, contends that this restriction does not apply to Judea and Samaria, arguing that the territory was not legally part of another sovereign state when Israel gained control during the 1967 Six-Day War, and therefore does not meet the definition of “occupied” under international law.
Smotrich and Ben Gvir have been vocal advocates for extending Israeli control over Judea and Samaria. Both reside in communities within the region and have called for full Israeli sovereignty over the entire area.
