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ICC Chief Prosecutor Khan: ‘Should I wait until everyone dies?’

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In an interview with Germany’s Der Spiegel, International Criminal Court (ICC) Chief Prosecutor Karim Khan defended his request for the arrest of Israeli Prime Minister Benjamin Netanyahu, posing the question, “Should I wait until everyone is dead?”

Speaking to Der Spiegel, Khan emphasized that no authority is above international law, asserting that alliances do not exempt countries from justice. Responding to the reporter’s repeated questions defending Israel, Khan stated, “Just because a country is an ally does not mean it is immune to the law.”

When asked if delaying the investigation might be preferable, Khan countered: “Should I wait until everyone is dead? If it were your father, mother, or grandfather held hostage, would you want me to wait? If it were your child or your sister suffering, would you want me to wait?” Khan underscored the immediacy required, saying, “The presence of the law must be felt when it is needed.”

In response to questions about the need to investigate Israeli officials, Khan asked, “Why should the law that applies to Ukrainians and Sudanese not apply to Palestinians? Is it right to exempt certain regions from accountability?” Khan reminded the audience that all ICC member states, except Canada, recognize Palestine as a state, and ICC judges have ruled that Israel has jurisdiction over crimes committed in Palestinian territories.

Challenging the notion that Israel’s democratic status should exempt it from scrutiny, Khan argued, “Every victim is equal. The care and attention I give to a Jewish child, I give to a Palestinian child. It’s about equality before the law.”

Rejecting accusations of anti-semitism and double standards

Khan dismissed accusations of anti-Semitism by Israeli officials, noting, “There is much name-calling and attempts at sidelining people by labeling them anti-Semitic. But what matters to me is what victims expect from the law and the demand for justice, applied equally worldwide.”

Referring to the civilian casualties in Gaza, Khan posed, “What would it mean if I issued warrants only against Hamas, while tens of thousands have died, with mothers miscarrying, and people facing starvation? The court must not be seen as an instrument of any powerful nation.”

Lack of Israeli accountability

When asked why Israeli officials shouldn’t be tried in their own courts, Khan explained that Israel’s military lacks accountability in the occupied territories. He challenged, “Does international law apply in the Occupied Territories? Experts and evidence show a lack of investigations and accountability. Should an ally be exempt from responsibility?”

Addressing suggestions to delay the investigation to benefit Israel, Khan stressed, “If you’re a firefighter, you can’t wait for the entire neighborhood to go up in flames.”

Ongoing threats to the ICC

Asked about threats from Israeli intelligence to the former ICC Chief Prosecutor, Khan confirmed, “It’s known that the ICC, including myself, has faced numerous threats. Some are public, others are not, but we cannot be intimidated. While disagreements may arise, we are united in upholding the law’s independence.”

MIDDLE EAST

Katz’s statement on Hezbollah disarmament surprises even Halevi

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Israel’s new Defense Minister, Israel Katz, appointed by Prime Minister Benjamin Netanyahu to replace the recently dismissed Yoav Gallant, has sparked surprise with a bold declaration regarding Israel’s stance on Hezbollah. Katz stated that one of Israel’s primary goals is to disarm Hezbollah, leaving Chief of Staff Herzi Halevi notably surprised.

As Israel advances into southern Lebanon, negotiations continue in Washington and Beirut over a possible resolution to the ongoing conflict between Israel and Hezbollah. However, Katz emphasized that Israel would not halt its efforts until all military objectives are achieved.

“We will not cease fire, we will not ease pressure, and we will not support any agreement that does not fully achieve the goals of this war,” Katz declared during a visit to the Northern Command alongside Lieutenant General Herzi Halevi.

Katz outlined these objectives as: “disarming Hezbollah, pushing them beyond the Litani River, and ensuring the safe return of Israelis in northern areas to their homes.”

In the accompanying video, Halevi appeared visibly taken aback by Katz’s mention of disarming Hezbollah as an official objective, as this has not been publicly stated as a government directive.

Katz further stressed Israel’s right to “implement any agreement independently and to act decisively against any terrorist activity or organization.” He added, “We must continue to strike Hezbollah with full force.”

6 Israeli soldiers killed

Meanwhile, as Israel presses forward with its ground invasion of southern Lebanon, six more Israeli soldiers were killed in a clash with Hezbollah forces. This incident, one of the heaviest single-day casualties for Israel since the invasion’s onset, highlights the intensifying nature of the conflict.

According to a statement by the Israeli army, the soldiers, all from the 51st Battalion of the Golani Brigade, were killed in fire exchange with at least four Hezbollah fighters inside a building in a southern Lebanese village.

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Sexual harassment investigation targeting ICC Chief amid controversial prosecution

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The International Criminal Court (ICC) has enlisted independent investigators to examine allegations of sexual harassment against Prosecutor Karim Khan.

The accusations against Khan surfaced as the ICC evaluated Khan’s request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes in Gaza.

Finnish diplomat Päivi Kaukoranta, who leads the ICC’s oversight body, stated that an external investigation was initiated after reports surfaced that Khan had acted inappropriately toward a female colleague. Normally, such matters are managed by the court’s internal audit, but Khan personally requested that the Independent Supervisory Mechanism (ISM) oversee the case. Kaukoranta explained, “In light of the case’s unique circumstances, the ISM’s victim-centered approach, and the potential for conflicts of interest, the ISM agreed to the exceptional use of an external investigation.”

Khan denied the allegations, stating, “I have previously called for an investigation into this matter and welcome the opportunity to participate in this process.”

The investigation coincides with the ICC’s deliberation over Khan’s request to issue warrants for Netanyahu and Gallant on charges of war crimes and crimes against humanity related to Israel’s actions in Gaza.

While Khan’s move was supported internationally, it drew criticism from the Biden administration and U.S. Congress. The U.S. House of Representatives recently passed legislation that sanctions individuals affiliated with the ICC, including judges and their families, underscoring the U.S. policy of opposition to ICC jurisdiction over Israel.

Reports have also surfaced regarding Israel’s alleged threats toward ICC officials. In May, The Guardian revealed that Khan’s predecessor, Fatou Bensouda, was pressured in “a series of secret meetings” with Mossad chief Yossi Cohen, a close ally of Netanyahu. Cohen reportedly advised Bensouda to “drop the war crimes investigation,” allegedly warning her, “You don’t want to be involved in anything that could endanger your safety or your family’s safety.”

Khan has since noted he faced pressure before submitting his application for the arrest warrant.

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Trump will conditionally support West Bank annexation

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Former Trump aides have cautioned Israeli ministers not to assume Trump’s unconditional support for West Bank annexation in a potential second term, according to The Times of Israel.

At least two officials from Donald Trump’s previous administration advised Israeli ministers to temper expectations about Trump’s support for Israel’s annexation of the West Bank. Sources close to the discussions indicated that while annexation is not off the table, Israeli leaders should avoid viewing it as a “foregone conclusion.”

The message was delivered in meetings and discussions held in the months leading up to Trump’s recent presidential victory. However, some far-right cabinet members remained undeterred. On Monday, Finance Minister Bezalel Smotrich declared that 2025 would mark “the year of sovereignty in Judea and Samaria [the West Bank]” following Trump’s re-election. Last week, National Security Minister Itamar Ben Gvir also asserted that “the time for sovereignty has come.”

On Friday, Israeli Prime Minister Binyamin Netanyahu announced Yechiel Leiter as Israel’s next ambassador to the United States. Leiter, a former settler leader, is known for his support of West Bank annexation and opposition to a Palestinian state.

In a statement to The Times of Israel, an anonymous Israeli official said Trump’s former advisers have not ruled out his potential support for annexation. However, they indicated it could jeopardize Trump’s broader foreign policy priorities, including countering Iran, competing with China, and ending the war in Ukraine. Trump would likely need the support of key Gulf allies—notably Saudi Arabia and the United Arab Emirates (UAE)—to achieve these goals. Unconditional support for Israeli annexation, however, could risk backlash from these regional allies.

In 2020, Trump’s peace plan proposed annexing all Israeli settlements while leaving open the possibility of a Palestinian state in other areas of the West Bank. Although Prime Minister Netanyahu had hesitations, settler leaders and officials like Smotrich celebrated Trump’s recent victory as a chance to realize annexation plans.

A former Trump adviser told an Israeli minister that Trump’s support for Israeli sovereignty would likely come with more conditions than in 2020. After the Palestinian Authority rejected Trump’s “Peace to Prosperity” proposal in 2020, the Trump administration and Israel began planning a partial annexation of the West Bank. However, this initiative was set aside when the UAE agreed to normalize relations with Israel.

The U.S. commitment to the UAE to delay Israeli annexation efforts expires at the end of 2024. Still, a former Trump official told The Times of Israel that a major shift in U.S. support for annexation should not be expected. “If any shift happens, it would need to be part of a process,” the official commented.

Jason Greenblatt, Trump’s former Middle East envoy, reinforced this message, stating:

“I think it’s important that those in Israel who are celebrating President Trump’s victory do so because of his strong support for Israel, as evidenced by many historic achievements during his first term. Some Israeli ministers are assuming that expanding Israeli sovereignty in Judea and Samaria is an automatic done deal and will happen as soon as President Trump takes office.

I suggest they take a deep breath. If I were advising these ministers, I would strongly urge them to focus on working closely with Prime Minister Netanyahu to strengthen U.S.-Israel relations and address the significant threats facing Israel. The time for discussions around Judea and Samaria will come, but context and timing are crucial.”

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