Netanyahu asks for criminal probe into himself to evade ICC warrant

Israeli Justice Minister Yariv Levin, acting on behalf of Prime Minister Benjamin Netanyahu, requested that Attorney General Gali Baharav-Miara initiate a criminal investigation into Netanyahu and Security Minister Yoav Gallant to evade a potential arrest warrant from the International Criminal Court (ICC), the Israeli Channel 12 reported.

In May, top ICC prosecutor Karim Khan said he was seeking arrest warrants for Netanyahu and Gallant on suspicions of war crimes in Gaza.

In a rare move, Netanyahu and Levin sought assistance from their frequent adversary, Attorney General Baharav-Miara, urging her to open a formal investigation into the prime minister and his security minister.

The intent was for the investigation to be launched and swiftly closed, with a report submitted to the ICC, indicating that the charges had been duly examined, the report indicated.

How would it work?

According to the Israeli outlet, this legal maneuver sought to leverage the principle of complementarity, which governs the relationship between national courts and the ICC.

Under this principle, the ICC assumes secondary jurisdiction, only intervening if the relevant side is unwilling or unable to prosecute crimes. Therefore, by initiating a domestic inquiry into Netanyahu and Gallant, the ICC would be precluded from pursuing arrest warrants against them.

The move was reportedly driven by pressure from Khan, who had urged the judges reviewing the proposed arrest warrants against Netanyahu, Gallant, and Hamas leaders to expedite their decision. In August, Khan underscored that “any unjustified delay in these proceedings detrimentally affects the rights of victims.”

However, Baharav-Miara rejected Levin and Netanyahu’s request, refusing to initiate what she viewed as a “false investigation”, Channel 12 mentioned.

She believes that only a so-called “State Commission of Inquiry”— “Israel’s” highest investigation level — into the October 7 events and the ongoing war on Gaza would satisfy the ICC’s requirements, the report indicated.

But Netanyahu has repeatedly resisted the idea of launching such an inquiry, asserting that it must wait until the war concludes. According to the report, Netanyahu fears that a “State Commission” could be used as a legal strategy to remove him from office.

Following Baharav-Miara’s rejection of the proposal, tensions escalated, with Netanyahu’s supporters accusing the attorney general of obstructing their efforts. In response, Baharav-Miara’s defenders emphasized that they would not compromise “Israel’s” interests “just for the prime minister’s political considerations.”

Elsewhere, Channel 12‘s report highlighted that a “State Commission of Inquiry” is unlikely to be formed in the near future, leaving “Israel” unable to delay the ICC’s actions regarding the arrest warrants against Netanyahu and Gallant.

In an attempt to conceal their crimes against the Palestinian people and escape punishment, Israeli authorities have even resorted to intimidation and harassment against ICC prosecutors.

Fouad Baker, a member of the ICC Bar Association, revealed that most of the lawyers and judges involved in the case against “Israel” have been subjected to threats and intimidation, with their phones being hacked. 

He recalled that the Israeli occupation had threatened to target the children of the ICC’s Prosecutor Karim Khan and similarly threatened the former ICC Prosecutor Fatou Bensouda when she hinted at opening an investigation, even imposing sanctions on her and threatening her husband.

The judge also pointed to a US Congress bill that permits the imposition of sanctions on the ICC if it investigates or prosecutes individuals protected by Washington or its allies.

Baker’s statements echoed those of Khan, who has recently raised concerns about pressure from the US regarding the court’s investigations into “Israel’s” atrocities in Gaza.

In an interview for Japan’s Yomiuri Shimbun, Khan revealed that ICC officials have been receiving personal “threats” from backers of “Israel”.