Smotrich says ICC seeks arrest

Bezalel Smotrich said on May 19 that he had been told the International Criminal Court prosecutor submitted a secret request for an arrest warrant against him, opening a new confrontation between Israel’s far-right settler leadership and the court in The Hague. The Israeli finance minister said he would answer by escalating pressure on the Palestinian Authority and by moving against Khan al-Ahmar, a Palestinian Bedouin hamlet in the Israeli-occupied West Bank. The ICC prosecutor’s office declined to comment, citing the confidentiality of the process. The court did not publicly confirm that any request had been filed. ### What exactly did Smotrich say happened at the ICC? Smotrich told a press conference in Jerusalem that the prosecutor had “submitted a secret request for an international arrest warrant against me,” according to Reuters. He did not say who informed him on May 18, and he did not describe the alleged grounds for the request. Reuters reported that the prosecutor’s office declined to comment because warrant proceedings are confidential. (nbcnews.com) The Hague-based court keeps warrant applications and plans confidential until judges decide whether the legal threshold has been met. Reuters reported that prosecutors can submit a confidential application to judges, who must find reasonable grounds to conclude a suspect committed crimes within the court’s jurisdiction before approving a warrant. (nbcnews.com) ### Why did Khan al-Ahmar become part of his response? Khan al-Ahmar was named by Smotrich as the first target of retaliation. He said “any economic or other target” within his authority as finance minister and as a minister in the defense ministry would be attacked, and he said the Bedouin hamlet would be first. Reuters reported that he ordered its evacuation; the Associated Press reported that he signed a directive calling for the immediate evacuation of the village. (today.lorientlejour.com) The hamlet, east of Jerusalem, has been at the center of a long legal and political fight. The Associated Press reported that Israeli authorities say the village was built illegally on state land, while opponents of demolition say its residents have struggled for years to remain there. AP said the village is home to nearly 200 Palestinians and includes an EU-funded school. (nbcnews.com) ### Why would the ICC have jurisdiction at all? Israel is not a member of the ICC and does not recognize the court’s jurisdiction, Reuters reported. But the State of Palestine accepted ICC jurisdiction in January 2015 and became a party to the Rome Statute on April 1, 2015, according to the court’s Palestine case page and a U.N. report on the accession. That gives the court a basis to investigate alleged crimes committed in the Palestinian territories. (wtop.com) The ICC has said previously that its prosecutor acts independently and impartially when choosing situations to investigate, Reuters reported. In practice, that means Israeli objections to the court’s authority have not prevented the Palestine case from moving forward. (nbcnews.com) ### How does this connect to the Netanyahu and Gallant warrants? The ICC issued an arrest warrant for Prime Minister Benjamin Netanyahu on Nov. 21, 2024, according to the court’s defendant page. Reuters and AP both noted that the court also issued a warrant for former defense minister Yoav Gallant in the Gaza case, making Smotrich’s claim fit an already active ICC track involving senior Israeli officials. (nbcnews.com) The Netanyahu warrant alleges responsibility for war crimes and crimes against humanity, including starvation as a method of warfare and other offenses during the Gaza war, according to the ICC page. Smotrich has not publicly identified any specific allegations tied to the reported request against him. ### What happens next if a request was really filed? (icc-cpi.int) ICC judges in Pre-Trial Chamber I would decide whether to approve any prosecutor request, according to Reuters’ description of the process. Until then, the existence of a request may remain unconfirmed because the court treats that stage as confidential. (icc-cpi.int) In Israel, the immediate next step may center on Khan al-Ahmar rather than The Hague. AP reported that Israeli media said Smotrich’s order still requires approval by Israel’s security cabinet, and Peace Now said demolition of structures there could begin within weeks. (wtop.com) (today.lorientlejour.com)