ICC prosecutor sought arrest warrants for Israel's Ben-Gvir, Smotrich before going on leave

International Criminal Court's (ICC) Chief Prosecutor Karim Khan was preparing to seek arrest warrants for two far-right Israeli cabinet members before temporarily stepping down in May, The Wall Street Journal (WSJ) reported on Wednesday.

Current and former court officials told the WSJ that Khan had sought warrants against Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben-Gvir over their roles in expanding Israeli settlements in the occupied West Bank.

Ben-Gvir and Smotrich have been at the forefront of settlement expansions in the occupied West Bank, including calling for the annexation of the Gaza Strip.

The ICC told The New Arab that it cannot provide comments on matters related to ongoing investigations or any specific charges that may arise regarding situations addressed by the office, to protect the integrity of investigations and ensure the safety and security of victims, witnesses, and all those with whom the office interacts.

The court also said it has been investigating crimes committed in the State of Palestine since 13 June 2014, when the Palestinian Authority accepted the ICC's jurisdiction, including alleged war crimes and crimes against humanity committed in Gaza, the occupied West Bank and East Jerusalem.

The WSJ reported that the decision on whether to pursue these cases falls to Khan's two deputies, and it is unclear how they plan to proceed. Officials and legal experts expressed doubts to the publication about whether the court would proceed without the chief prosecutor on the job, given the "political risks" it would entail.

ICC prosecutors have been discussing whether the two ministers have committed war crimes by advocating for the construction of settlements in the occupied West Bank, the officials told the publication.

They added that other Israeli officials are also being investigated over their role in expanding Israeli settlements.

At the same time, any new arrest warrants against Israeli officials or Hamas members must be "filed under seal", meaning they must be made confidentially and not a part of the public record.

Khan stepped down pending the outcome of an investigation into allegations of sexual misconduct, which he categorically denies, leaving the court's deputy prosecutors in charge of managing the prosecutor's office.

The ICC issued arrest warrants for Israeli Prime Minister Netanyahu and former Defence Minister Yoav Gallant in November 2024 over alleged war crimes committed in the Gaza Strip — a move that was met with backlash from Israel and its chief ally, the United States.

To mitigate the backlash, officials allegedly urged the court to issue warrants over the settlements first before seeking warrants for Netanyahu and Gallant, as Western nations have already issued sanctions against the illegal outposts.

After the warrants were issued, Khan was targeted with sanctions by the US, which have since halted the tribunal's work.

Israel argues that as the a non-member of the ICC, its actions in the occupied Palestinian territories don't fall under the court's jurisdiction.

However, the ICC ruled in 2021 that Palestine was a state party to the Rome Statute and that the court has jurisdiction over alleged crimes committed within the Palestinian territories.