Netanyahu seeks to choreograph Israeli probe to dodge ICC arrest warrant

Israeli Justice Minister Yariv Levin has asked the country's Attorney General to launch a criminal investigation into Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant's handling of Gaza war in an unprecedented attempt to pre-empt arrest warrants from the International Criminal Court (ICC), according to Israeli media.

As per a report in Channel 12 on Wednesday, Netanyahu's manoeuvre was aimed to utilise the principle of complementarity. This principle argues that the ICC should defer to domestic legal processes if they are deemed adequate.

By initiating and then quickly closing a domestic investigation, Netanyahu and Levin wanted to present a facade of accountability to the ICC, hoping to convince the International Court that the allegations against them have been thoroughly examined within Israel and therefore do not warrant international intervention, The Times of Israel reported on Wednesday.

This move comes amid intense scrutiny from ICC Chief Prosecutor Karim Khan.

In May, Khan sought arrest warrants for Netanyahu and Gallant on charges of war crimes and crimes against humanity.

ICC investigation focuses on crimes related to the Gaza war, including accusations of targeting civilians and Israel's use of starvation in Gaza as a method of warfare.

Creating an appearance

Khan's urgency was underscored this week as he pressed the ICC to expedite the issuance of these warrants. His insistence on swift action has been matched by a decision to cancel a planned fact-finding mission to Israel.

Furthermore, Khan has dismissed evidence that contradicts his claims, such as a recent report stating there was no famine in Gaza. This dismissal has further fuelled tensions between the ICC and Israeli regime.

According to Channel 12, Netanyahu's strategy involved opening the investigation and then closing it.

This approach is designed to create the appearance of a thorough examination of the allegations, thus addressing the ICC's concerns and potentially pre-empting the need for international warrants.

However, Attorney General Baharav-Miara has rejected this approach, labelling it a mere ploy, according to Israeli media.

She further warned that only a State Commission of Inquiry — Israel's highest level of investigation — would be credible enough to meet the ICC’s standards.

Facade of government-led inquiry

Despite mounting pressure from within his coalition to initiate a State Commission of Inquiry into the October 7 raid by Hamas, Netanyahu has resisted this option. Instead, he has preferred an inquiry conducted by his regime.

Levin's request, echoing Netanyahu's concerns, underscores the deepening divide over how Israel should respond to the ICC allegations.

Netanyahu fears that a State Commission could be used politically to undermine his position, a concern also reflected in his response to ongoing corruption charges.

As the ICC deliberates its next steps, Netanyahu and Levin's desperate gambit highlights the broader tensions between Israeli and international legal frameworks.