ICC targets Israeli ministers over West Bank policy

[MIDDLE EAST] The International Criminal Court (ICC) was poised to request arrest warrants for Israeli far-right ministers Bezalel Smotrich and Itamar Ben-Gvir over their roles in expanding Jewish settlements in the West Bank, according to sources familiar with the matter.

ICC Chief Prosecutor Karim Khan was preparing to submit these requests before taking a leave of absence amid sexual misconduct allegations. The potential warrants are part of a broader investigation into alleged war crimes and crimes against humanity committed during Israel's military operations in Gaza and the West Bank.

Smotrich and Ben-Gvir, both influential figures in Prime Minister Benjamin Netanyahu's coalition, advocate for full Israeli control over the West Bank and Gaza. Their policies have been linked to the expansion of settlements in these territories, which the ICC is evaluating under the Rome Statute's prohibition against transferring an occupying power's population into occupied territory.

Both ministers have openly supported settler expansion as a strategic goal, with Smotrich previously allocating significant funds to unauthorized outposts and Ben-Gvir ordering increased police protection for settlers. Their roles in shaping policy toward the occupied territories have drawn mounting criticism from human rights groups, who allege these actions contribute to systemic discrimination and displacement of Palestinians.

Legal and Political Implications

The ICC's jurisdiction over Israeli actions is contested, as Israel is not a member state. However, the court has mandated jurisdiction over Palestinian territories since 2014.

Legal experts note that any issued warrants could severely restrict the international travel of Smotrich and Ben-Gvir, limiting their ability to represent Israel abroad or attend diplomatic events. While enforcement remains a challenge in non-member states, the reputational damage and potential diplomatic fallout may influence both internal Israeli politics and external diplomatic engagements.

The potential warrants have sparked international political tensions. The United States has threatened sanctions, while the United Kingdom is considering measures against Smotrich and Ben-Gvir due to increasing violence by Israeli settlers against Palestinians in the West Bank and Gaza.

Several European Union officials have privately expressed support for the ICC’s investigation, viewing it as a necessary step to uphold international humanitarian law. While public statements have remained cautious, diplomats from France, Ireland, and Belgium have emphasized the importance of accountability in conflict zones, regardless of the actors involved.

Reactions from Israeli Leadership

Israeli leaders have strongly condemned the ICC's actions. Prime Minister Netanyahu described the arrest warrants as "an antisemitic decision" and "equivalent to the modern Dreyfus trial." National Security Minister Ben-Gvir called the warrants "an unprecedented disgrace," asserting that the ICC "once again demonstrates that it is antisemitic from beginning to end."

The controversy has also deepened divisions within Israeli society. While members of the right-wing coalition have rallied around Smotrich and Ben-Gvir, opposition leaders have warned that their policies risk further isolating Israel on the international stage. Yair Lapid, leader of the Yesh Atid party, criticized the ministers' approach as “reckless,” saying it invites global condemnation and jeopardizes Israel’s long-term security interests.

Ongoing Investigations

The ICC continues to assess evidence related to alleged war crimes committed by both Israeli and Palestinian leaders. Arrest warrants have been issued for Netanyahu and former Defense Minister Yoav Gallant, accusing them of employing starvation as a method of warfare and targeting civilians during Israel’s military operations in Gaza.

The potential arrest warrants for Smotrich and Ben-Gvir represent a significant development in the ICC's investigation into alleged war crimes in the Israeli-Palestinian conflict. The situation underscores the complex interplay between international law, national sovereignty, and political dynamics in the pursuit of justice.