Israel’s 9-year ‘secret war’ against the ICC leaked – 2024-05-31 14:48:14

Israel’s 9-year covert campaign against the International Criminal Court (ICC) has been exposed. This issue came up in a joint investigation of the British media The Guardian with the Israeli media. The investigative report was released on Tuesday (May 28). It revealed Israel’s covert efforts to thwart the ICC’s investigation into war crimes committed in the Palestinian territories. The covert operation involved surveillance, hacking, intimidation and threats against the chief prosecutor and senior ICC officials.

Surveillance and Hacking

The Israeli intelligence agencies were intercepting the telephones, mobile phones and emails of the ICC’s current prosecutor Karim Khan and his predecessor Fatou Bensouda. These intelligence agencies include the Shin Bet and the Military Intelligence Directorate.

As a result of this surveillance, Israel learned in advance of the intentions of the ICC prosecutors. Among them was the issue of possible arrest warrant applications against Israeli leaders.

Israel hacked e-mails and intercepted phone calls exchanged between ICC officials and Palestinians.

Intimidation and threats

Investigations have uncovered incidents of alleged intimidation and threats against ICC staff. Former Mossad chief Yossi Cohen personally contacted and met with Bensouda. Bensouda receives unexpected visits and unwanted calls from Cohen. At first the Mossad chief’s demeanor was friendly but later turned threatening. As a result, Bensouda became concerned for his personal safety. There are also allegations that Israel collected confidential information of Bensouda’s family members and handed them over to Western diplomats to discredit him.

Back-channel diplomacy

Israel also communicated and met with the ICC through back-channels. This back-channel diplomacy was spearheaded by renowned Israeli lawyer and diplomat Tal Baker. The meetings, approved by Prime Minister Netanyahu, were aimed at challenging the ICC’s jurisdiction over the Palestinian territories and arguing against a possible trial. Israeli officials used surveillance and intelligence gathered from surveillance to inform their legal strategy during these meetings.

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International cooperation and pressure

The investigation also revealed Israel’s cooperation with the United States in countering the ICC investigation. Both countries have engaged in diplomatic efforts and applied pressure, including economic sanctions, to prevent the ICC from investigating Israeli officials. Former US President Donald Trump’s administration imposed sanctions on ICC officials citing political motives behind the investigation. Investigations into war crimes by US troops in Afghanistan were also the reason behind the Trump administration’s opposition.

ICC’s response and ongoing investigation

The ICC was aware of the surveillance and information gathering by hostile intelligence agencies. After knowing this, the court took necessary steps to protect the information of its investigation. Despite pressure and threats from various countries, current prosecutor Karim Khan has sought arrest warrants against Israeli and Hamas leaders for war crimes and crimes against humanity. He was emphasizing the court’s commitment to impartiality and adherence to humanitarian law.

The findings of Israel’s covert operation against the ICC shed light on the complexities surrounding international justice and geopolitical interests. This raises questions about the ethical and legal limits of state intervention in judicial proceedings. The findings also highlight the challenges international institutions face in ensuring accountability for perpetrators of atrocities in conflict zones.


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