The International Criminal Court (ICC) is under scrutiny for alleged double standards, facing criticism for delaying arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. While an ICC arrest warrant request for Russian President Vladimir Putin took only 24 days to approve, the requests for Netanyahu and Gallant, submitted by the ICC Prosecutor’s Office on May 20, have stalled for over five months, reportedly due to resistance from Israel and its allies.
The ICC has acted swiftly in cases linked to Ukraine, issuing arrest warrants for six Russian officials, including Putin, within months. However, since the investigation into Gaza began, no warrants have been issued, underscoring concerns of delays and perceived biases.
Obstacles in the Palestine investigation include espionage efforts by Israel against the ICC and its officials over the past nine years, as well as the withdrawal of Judge Julia Motoc, who was overseeing the case review. Motoc stepped down due to health issues and “to ensure proper functioning of justice,” with Judge Beti Hohler appointed in her place. However, Hohler previously indicated that Israeli officials might be tried in domestic courts rather than at the ICC, raising concerns over impartiality. Legal expert Owiso Owiso highlighted that Motoc’s departure could further delay proceedings, while former UN official Craig Mokhiber viewed it as suspicious amid mounting pressure from Israel and the West.
The ICC has encountered delays in the Palestine investigation since its initial assessment began in 2015 under former ICC Prosecutor Fatou Bensouda. By 2019, the criteria for investigation were met, but jurisdictional debates over Palestinian territories postponed progress. Despite launching a formal investigation in March 2021, meaningful advancement remains elusive, and the warrant requests for Netanyahu and Gallant are pending.
Complications have also arisen from the UK’s 2024 challenge to the ICC’s jurisdiction in Palestine, despite later retracting its challenge. Nevertheless, the ICC accepted over 60 related submissions, contributing to further delays.
The ICC’s independence has been compromised by threats from the U.S. Senate, which cautioned that sanctions would follow if warrants were issued for Israeli officials. These threats parallel earlier actions against Bensouda, such as asset freezes and travel restrictions during her Afghanistan inquiry. Additionally, former Mossad chief Yossi Cohen reportedly pressured Bensouda to avoid pursuing cases involving Israeli personnel, allegedly employing intimidation tactics and leveraging personal details.
Combined, these pressures raise questions about the ICC’s ability to impartially uphold justice, with its credibility and independence now under significant scrutiny.
