Report: ICC Readies Arrest Warrants for ‘Israel’s’ Ben Gvir, Smotrich
By Staff, MEE
Arrest warrant applications against two prominent "Israeli" ministers on charges of apartheid are ready and with two deputy prosecutors at the International Criminal Court [ICC].
If the warrants for “Israel’s” so-called “National” Security Minister Itamar Ben Gvir and Finance Minister Bezalel Smotrich are issued, it will be the first time that the crime of apartheid is charged at an international court.
"The only thing that didn't happen was submitting them to the court," the source said on condition of anonymity.
MEE revealed that deputy prosecutors can submit the warrants, but some at the ICC fear they may be quietly shelved due to mounting external pressure.
MEE earlier revealed ICC Prosecutor Karim Khan faced threats from figures like David Cameron and pressure from close associates, amid safety concerns tied to a Mossad team in The Hague.
Despite this, he filed arrest warrant applications on 20 May 2024, leading to charges against Netanyahu and Gallant in November.
But before he could file the applications, Khan went on leave following a failed attempt to suspend him. "Karim was ready," the ICC source told MEE.
"There was no more work to do on the applications. They're not being drafted. They weren't being revised. They were done.
"All that was left to do was follow court procedures for submitting an application. But Karim didn't have time to do that because everything moved so quickly. And then he stepped aside."
The ICC said Khan’s deputies would continue his work, including on Palestine. However, it’s unclear if the Ben Gvir and Smotrich warrants were filed, as the court barred public disclosure of new applications in April.
Two ICC mentioned that the two deputy prosecutors, Nazhat Shameem Khan and Mame Mandiaye Niang, have not filed the applications due to the threat of US sanctions.
In June, British-“Israeli” lawyer Nicholas Kaufman told Kan that US sanctions on ICC judges aimed to pressure the court to drop warrants for Netanyahu and Gallant.
Kaufman added that most see the sanctions as a warning before potentially targeting the deputy prosecutors now leading in Khan’s absence.
Asked about the Ben Gvir and Smotrich cases and possible sanction-related delays, the ICC prosecutor’s office declined to comment, citing the need to protect investigations and ensure safety.
Raji Sourani, a lawyer representing Palestine at the ICC and ICJ, criticized the deputy prosecutors for their delay in applying for the warrants.
"For us, they are very late. What are they waiting for? They have everything," he told MEE. "Justice delayed is justice denied."
One ICC source said they feared the case would never see the light of day.
"There were months and months of intense work that went into them. These are really serious documents documenting really serious crimes.
"If the Ben Gvir and Smotrich applications just disappear, the opportunity to prosecute one of the most blatant examples of apartheid in the world today will likely be lost forever."
The Wall Street Journal reported on 27 May that ICC prosecutors were weighing war crimes charges against Ben Gvir and Smotrich over settlement expansion. However, sources told MEE the key charge is apartheid, and only submission of the warrants remains.
Under the Rome Statute, apartheid is a crime against humanity, defined as inhumane acts under a system of racial oppression and domination, intended to maintain that entity.
