Mike Corder
AP / October 25, 2024
THE HAGUE, Netherlands – The presiding judge of an International Criminal Court panel considering a request to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his defense minister and senior Hamas leaders has been replaced on medical grounds.
The court published a decision Friday granting a request by Romanian judge Iulia Motoc to be taken off the case “based on medical grounds and the need to safeguard the proper administration of justice.”
The ruling did not elaborate or disclose further details, saying that “the personal medical situation of Judge Motoc is entitled to medical confidentiality.”
Motoc was replaced by Beti Hohler, a Slovenian who was elected as a judge at the court last year after earlier serving as a trial lawyer in the court’s prosecution office.
The decision is likely to further delay a decision on the request by the court’s chief prosecutor, Karim Khan.
In his May request for warrants, Khan accused Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders — Yahya Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.
Netanyahu called the prosecutor’s accusations against him a “disgrace,” and an attack on the Israeli military and all of Israel.
U.S. President Joe Biden called the request for warrants for Netanyahu and Gallant “outrageous,” adding “whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.”
Hamas also denounced the ICC prosecutor’s actions, saying the request to arrest its leaders “equates the victim with the executioner.”
Since the request, Sinwar and Haniyeh have been confirmed killed. Israel has claimed to have killed Deif, but Hamas has said he survived.
Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.
Hamas-led militants stormed into southern Israel on Oct. 7, 2023, killing some 1,200 people, mostly civilians, and abducting another 250. Around 100 hostages are still inside Gaza, a third of whom are believed to be dead.
Israel’s retaliatory offensive has killed over 42,000 Palestinians, according to Gaza’s Health Ministry, which does not say how many were combatants but says women and children make up more than half the fatalities. The Israeli military says it has killed over 17,000 fighters, without providing evidence.
The Israeli campaign has since expanded to Lebanon, where Israel launched a ground invasion Oct. 1, after trading fire with the Hezbollah militant group for much of the past year.
Friday’s announcement about Motoc came as unrelated accusations surfaced that Khan tried for more than a year to coerce a female aide into a sexual relationship and groped her against her will. He categorically denied the allegations, saying there was “no truth to suggestions of misconduct.” Court officials have said they may have been made as part of an Israeli intelligence smear campaign.
A court watchdog could not determine wrongdoing, but urged Khan in a memo to minimize contact with the woman to protect the rights of all involved and safeguard the court’s integrity.
