ICC prosecutor says Netanyahu arrest warrant should remain as Israel jurisdiction challenge is heard

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THE HAGUE, Netherlands (AP) — International Criminal Court prosecutors have urged judges to reject a request by Israel to scrap arrest warrants for Prime Minister Benjamin Netanyahu and his former defense minister while the court reconsiders its jurisdiction over Gaza and the West Bank.

In a 10-page written submission posted on the ICC website late Wednesday, prosecutors argue there is “no basis to withdraw or vacate” the pending warrants for Netanyahu and Yoav Gallant.

The warrants were issued in November, when judges found there was “reason to believe” Netanyahu and Gallant used “starvation as a method of warfare” by restricting humanitarian aid and intentionally targeted civilians in Israel’s campaign against Hamas in Gaza. Israeli officials strongly deny the accusations.

The prosecution document was signed on behalf of prosecutor Karim Khan, who temporarily stepped down on Friday pending the outcome of an investigation into allegations of sexual misconduct.

The filing argues it is important for the underlying investigation to continue in the “current situation where crimes are ongoing and escalating.”

Last month, appeals judges ordered a pretrial panel to reconsider an Israeli challenge to the court’s jurisdiction.

Israel argued in its application for the warrants to be withdrawn that the court “doesn’t have, and never had” jurisdiction to issue warrants for Netanyahu and Gallant.

Israel is not a member of the court and contends the ICC has no authority to prosecute Israeli nations. The Hague-based institution, however, has accepted “The State of Palestine” as one of its 126 member nations.

ICC chief prosecutor Khan is currently on leave until the conclusion of an external probe into accusations that he tried for more than a year to coerce a female aide into a sexual relationship and groped her against her will.

An investigation by The Associated Press last year found that two court employees, in whom the alleged victim confided, reported the alleged misconduct in May 2024 to the court’s independent watchdog.

Along with the warrants for the Israeli officials, the court also issued a warrant for Mohammed Deif, head of Hamas’ armed wing, over the Oct. 7, 2023, attacks that triggered Israel’s offensive in Gaza. The warrant was withdrawn in February, after his death in an Israeli airstrike was confirmed.