The prosecution at the International Criminal Court opposed Israel's request to withdraw warrants issued for the arrest of Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on suspicion of committing war crimes and crimes against humanity in the war in Gaza.
Israel petitioned the court to disqualify the arrest warrants earlier this month, citing Chief Prosecutor Karim Khan's alleged sexual misconduct. Khan was placed on forced leave pending an investigation.
Deputy Prosecutor Nazhat Khan argued that there was no legal basis to cancel the warrants or suspend the investigation in the 'Palestine situation.' According to Khan, the court has already determined there is a reasonable evidentiary basis to believe Netanyahu and Gallant bear responsibility for war crimes and crimes against humanity.
In a 10-page document, the deputy prosecutor said that "there are reasonable grounds to believe that they bear criminal responsibility for war crimes and crimes against humanity committed in Gaza from at least 8 October 2023 to 20 May 2024."
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She further wrote that regarding the question of the court's jurisdiction, it does not apply to the issuing of warrants that were based on evidence.
ICC Chief Prosecutor Karim Khan announces arrest warrants for Netanyahu, Gallant
( ICC )
Kahn said that arrest warrants are withdrawn or vacated by Chambers under article 58(4) in the event of a suspect’s death or other exceptional circumstances. " In the cases against NETANYAHU and GALLANT, there is no basis to withdraw or vacate the Warrants."
She asked the court to reject Israel's request to withdraw the arrest warrants and suspend the investigation into the allegations of war crimes.