Israel’s appeal to suspend the arrest warrants issued for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant should be discarded at this point, International Criminal Court Chief Prosecutor Karim Khan says.
In a paper submitted to the ICC’s Appeals Chamber on Friday, Khan asked the body to dismiss Israel’s appeal. He held that the court’s decision to issue the warrants is only subject to appeal at a later stage in the legal process.
“These appeal proceedings should be discontinued and Israel’s Suspension Request be rejected while the proceedings before PreTrial Chamber with respect to the same Decision follow their course,” he wrote.
Khan added, “In any event, there is no legal basis to suspend the arrest warrants issued by the Pre-Trial Chamber.”
On Wednesday, Israel filed a direct appeal before the Appeals Chamber to the Pre-Trial Chamber I’s “decision on Israel’s challenge to the jurisdiction of the Court pursuant to article 19(2) of the Rome Statute.”
The Prime Minister’s Office said in a statement that Israel’s notice of appeal shows in detail the degree to which the ICC decision to issue the arrest warrants is “baseless and without any factual or legal foundation whatsoever.”
The PMO added, “Should the ICC reject the appeal, this will underscore to Israel’s friends in the United States and around the world how biased the ICC is against the State of Israel.”
In a meeting between Netanyahu and Sen. Lindsey Graham (R-S.C.) in Jerusalem on Wednesday, the American lawmaker updated the premier on efforts he is advancing in Congress against the ICC and countries that have cooperated with it.
Graham has threatened to sanction America’s allies if they enforce the ICC’s arrest warrants against the two Israeli leaders.
“To any ally—Canada, Britain, Germany, France—if you try to help the ICC, we’re going to sanction you,” Graham told Fox News on Nov. 23.
On Nov. 21, the ICC’s Pre-Trial Chamber issued warrants for Netanyahu, Gallant and Hamas terrorist leader Mohammed Deif, even though the latter has been reported dead by both Israel and Hamas. The Israel Defense Forces had confirmed on Aug. 1 that Deif died in an Israeli airstrike on July 13.
More than 120 countries are signatories to the Rome Statute, the 2002 treaty that established the ICC, requiring them to act on the court’s warrants.
France announced on Wednesday, however, that states such as Israel, which are not signatories to the Rome Statute, may have immunity.
Responding to a question from JNS about what is expected now from Netanyahu and Gallant given the ICC’s warrants, spokesperson and head of the Public Affairs Unit at the ICC Fadi El Abdallah said they should turn themselves in.
“The suspects can decide to appear on a voluntary basis and surrender to the ICC. They have all the rights of the defense that are guaranteed, including the presumption of innocence,” El Abdallah said.