THE HAGUE, Netherlands — The International Criminal Court (ICC) has announced the replacement of a judge overseeing a case involving potential arrest warrants for several high-profile figures, including Israeli Prime Minister Benjamin Netanyahu, his defense minister, and prominent Hamas officials, due to medical reasons.
On Friday, a decision was made to accept the request of Romanian judge Iulia Motoc to step down from the case, citing medical necessities that also aim to ensure the proper administration of justice.
The court did not provide detailed information regarding Motoc’s health issues, emphasizing that her medical circumstances are private.
Slovene judge Beti Hohler has taken Motoc’s place on the panel. Hohler, who was elected as a judge to the ICC last year, previously worked as a trial lawyer in the prosecution office of the court.
This development could lead to additional delays in the proceedings related to a request by the ICC’s chief prosecutor, Karim Khan.
In a request made in May, Khan alleged that Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders — Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh — had committed war crimes and crimes against humanity amid the ongoing conflict in the Gaza Strip and Israel.
Netanyahu has vehemently opposed these allegations, deeming them a “disgrace,” asserting that they represent an assault on the Israeli forces and the nation as a whole.
U.S. President Joe Biden also criticized the push for arrest warrants, labeling it “outrageous” and asserting that there is “no equivalence — none — between Israel and Hamas.”
In response to the prosecutor’s call for action, Hamas condemned the move as an attempt to equate the aggressor with the victim.
Following the request for warrants, both Sinwar and Haniyeh have reportedly been killed, while Israel claims to have eliminated Deif, although Hamas counters that he is still alive.
Since Israel is not a member of the ICC, Netanyahu and Gallant would not face immediate risk of prosecution even if warrants were issued. However, the mere possibility of arrest could complicate international travel for these Israeli leaders.
The current conflict intensified after Hamas militants launched an incursion into southern Israel on October 7, 2023, resulting in approximately 1,200 fatalities, many being civilians, and the abduction of about 250 individuals. It is estimated that around 100 hostages remain in Gaza, with a third presumed dead.
In retaliation, Israel’s military offensive has purportedly caused over 42,000 Palestinian deaths, according to the Gaza Health Ministry, which reports that a significant portion of those killed are women and children. The Israeli military states it has targeted over 17,000 combatants but has not provided supporting evidence for this claim.
The scope of Israel’s military actions has also broadened to Lebanon, where it initiated a ground invasion on October 1, following ongoing engagements with the Hezbollah militant group throughout the previous year.
The news of Judge Motoc’s replacement coincided with separate allegations against prosecutor Karim Khan, asserting he attempted to coerce a staff member into a sexual relationship and made inappropriate physical advances. Khan has categorically denied these accusations, asserting that there is “no truth to suggestions of misconduct,” and there are claims these allegations may stem from an Israeli intelligence campaign.
Although a monitoring body could not find evidence of misconduct, it has advised Khan to limit interactions with the affected individual to protect the rights of all parties and maintain the integrity of the court.
