Attorney-General tells Netanyahu to form independent inquiry to avoid ICC warrant

Attorney-General Gali Baharav-Miara has held meetings with Prime Minister Benjamin Netanyahu about preventing the International Criminal Court from issuing arrest warrants, in which she encouraged him to form an independent commission to investigate the humanitarian situation in Gaza, according to Israeli media reports.

Netanyahu and Defense Minister Yoav Gallant are both facing arrest warrants by the ICC for several crimes, including “starvation of civilians as a method of warfare, willfully causing great suffering, or serious injury to body or health... and other inhumane acts.”

If the court issues warrants for the two, they will face serious issues traveling abroad to any country that has accepted the ICC’s jurisdiction. This includes several major Western countries such as the UK, France, and Germany, but notably not the US.

The court is not meant to prosecute cases against countries with functioning independent judiciaries; in those cases, it is supposed to allow the local judiciary an opportunity to prosecute the crimes.

Normally, this would be a legal requirement in those states. However, Israel has never accepted the ICC’s jurisdiction and thus is reluctant to cede any sovereignty to the court.

Applying pressure

Baharav-Miara is reported to be pressuring Netanyahu to establish an independent investigative commission as a way to get ahead of the ICC and prevent it from issuing arrest warrants.

Netanyahu has been against the formation of such a commission. However, he was reported to have been told that for it to be convincing, it must be independent.

As a matter of Israeli law, such commissions are headed by a retired Supreme Court judge who chooses the remaining members.

Haaretz reported that this is one of the primary issues as Netanyahu fears that former Supreme Court president Esther Hayut will be selected. However, the newspaper also said the prime minister fears that creating a weaker government-controlled commission would lead to serious public backlash.

According to Ynet, Baharav-Miara and Netanyahu met with several other cabinet members – including Defense Minister Yoav Gallant, Foreign Minister Israel Katz, Justice Minister Yariv Levin, Strategic Affairs Minister Ron Dermer, and National Security Advisor Tzachi Hanegbi.

Ynet reported that Netanyahu was preparing to announce an independent commission, although the Prime Minister’s Office denied the report.

A few days before the reported meeting, Amit Becher, head of the Israel Bar Association, defended the legal system, saying it was independent and that several of the issues under investigation by the ICC were already under investigation by the local judiciary.

According to him, some 74 investigations relating to the war are currently underway, underscoring that the legal system has not hesitated to prosecute sitting ministers, the prime minister and the president, some of whom were convicted and imprisoned.