Prosecutors in the Netherlands are reviewing a request to initiate a criminal case against senior Israeli intelligence officials, following allegations that they interfered with the International Criminal Court's (ICC) investigation into crimes in the occupied Palestinian territories.

The complaint, filed last week by a group of 20 individuals, most of whom are Palestinian, urges the Dutch prosecution service to investigate claims that the Israeli occupation sought to derail the ICC's inquiry. The legal submission cites a report by The Guardian, revealing that Israeli intelligence had attempted for nearly a decade to undermine, influence, and intimidate the ICC's chief prosecutor's office.

This investigation, carried out jointly by The Guardian, the Israeli +972 Magazine and Hebrew-language publication Local Call, led the Dutch government to raise concerns with the occupation's ambassador earlier this year. As the host state of the ICC, which is based in The Hague, the Netherlands is obligated to protect the court and its staff from interference, under an agreement with the ICC.

The criminal complaint, as seen by The Guardian, urged Dutch authorities to honor these obligations "as a matter of urgency." Lawyers for the complainants argued that "Israel's many attempts to influence, sabotage, and stop the investigation constitute a direct violation of their [clients'] right to justice." 

The submission further alleged that Israeli espionage targeting the ICC may have violated Dutch criminal law and potentially breached Article 70 of the Rome Statute, which governs offenses against the administration of justice. The lawyers called on Dutch prosecutors to specifically target senior Israeli security officials involved in these activities.

The ICC's investigation into Palestine began in 2015 when the court's former chief prosecutor, Fatou Bensouda, opened a preliminary inquiry into the situation in Gaza, the West Bank, and occupied al-Quds. This inquiry led the Israeli occupation to launch a covert campaign against the court, which now forms the basis of the complaint filed in the Netherlands. 

Dutch prosecutors have yet to announce whether they will formally open the case.

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A spokesperson for the ICC prosecutor’s office said Karim Khan had made clear in May that attempts to "impede, intimidate or improperly influence" ICC officials may constitute article 70 offences. "The office remains deeply concerned by the ongoing attempts to improperly influence its activities through threats and intimidation of its officials," they added.

Probes into 'Israel' are dangerous

The prosecutor of the ICC has raised concerns about pressure from the US regarding the court's investigations into "Israel's" atrocities in Gaza. In an interview with Japan's Yomiuri Shimbun in September, Khan revealed that ICC officials have been receiving personal "threats" from backers of "Israel".

“If we allow these types of attacks … threats … to dismantle or erode the legal institutions that have been built since the Second World War, does anybody believe it will end with the International Criminal Court?” warned Khan.

Highlighting Japan's role as the ICC's largest funder, Khan urged Japan to use its influence to sway the US regarding the court’s investigations.

Read next: ICC must be allowed to work ‘without intimidation’, say 93 members

“You cannot allow an attack on the court … then you have no rules-based system," Khan said, adding, “It’s better for the country and better for the world, almost invariably, to have the courage to stand on principle rather than standing on expediency."

“Our responsibility is to use our resources effectively to investigate incriminating and exonerating evidence equally until such time as we feel that the major criminal allegations have been thoroughly investigated,” Khan said.