ICC weighing arrest warrants for Israeli ministers over West Bank: WSJ
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The International Criminal Court is weighing issuing arrest warrants for Israeli ministers Bezalel Smotrich and Itamar Ben-Gvir over West Bank settlement expansion, amid mounting legal and political pressures.
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Israeli right-wing Knesset member Itamar Ben Gvir, left, and Bezalel Smotrich at the Knesset in occupied al-Quds, Nov. 15, 2022 (AP)
The International Criminal Court (ICC) is weighing arrest warrants for two extreme far-right Israeli cabinet ministers, Finance Minister Bezalel Smotrich and Police Minister Itamar Ben-Gvir, for their roles in expanding illegal settlements in the occupied West Bank, the Wall Street Journal (WSJ) revealed on Wednesday.
The arrest warrant requests were reportedly being prepared by Chief Prosecutor Karim Khan before his leave, current and former ICC officials confirmed. Whether the cases proceed will depend on his two deputies, as concerns grow about the political implications of prosecuting sitting officials in "Israel".
West Bank settlements and war crimes
The ICC prosecutors are reportedly examining whether Smotrich and Ben-Gvir committed war crimes by advancing the construction and "legal status" of Israeli settlements in the occupied West Bank. The Geneva Conventions prohibit the transfer of an occupying power's civilian population into occupied territory, an act considered a war crime under the Rome Statute.
Both ministers are prominent advocates of settlement expansion and have publicly called for full Israeli control over the West Bank. They reside in settlements themselves and have supported policies converting illegal outposts into recognized settlements.
It is worth noting that Ben-Gvir and Smotrich both fully support the ongoing genocide in Gaza, have called for the expulsion of Palestinians to other countries, as well as the bombardment of humanitarian aid outposts in Gaza.
In March, Smotrich told the Jerusalem Post that "The next step in the war in Gaza will be cutting off the electricity and water, and opening the gates of hell on Gaza with a powerful, deadly, and quick attack," while Ben-Gvir explicitly said "Gaza must endure hell. And hell also means bombing all the aid depots that Hamas holds."
Political risks amid Khan's absence
The timing of the cases is politically fraught, WSJ noted, with Khan temporarily out of office and under investigation by the United Nations, legal experts question whether the court will move forward on such a politically sensitive issue.
Some officials argue that advancing the cases now could provoke significant backlash, particularly from the United States, which has previously imposed sanctions on the court and Khan himself.
“This political landscape is extremely dangerous for the ICC,” said Mark Ellis, Executive Director of the International Bar Association and an ICC sanctions advisor. “The court is facing an existential threat.”
Legal basis and jurisdiction over Israeli actions
Though "Israel" is not a party to the ICC, the court ruled in 2021 that it has jurisdiction over crimes committed in the occupied Palestinian territories. The Palestinian Authority joined the Rome Statute in 2015 and granted the ICC jurisdiction over its territory, which includes the West Bank, East occupied al-Quds, and Gaza.
"Israel" claims that the West Bank was not the territory of a recognized state in 1967 and thus is not "occupied" in the legal sense, a position widely rejected by the international legal community. Additionally, the International Court of Justice and numerous UN resolutions confirm that the settlements are illegal under international law.
