Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court’), in its composition for the Situation in the State of Palestine, unanimously issued two decisions rejecting challenges by the State of Israel (‘Israel’) brought under articles 18 and 19 of the Rome Statute (the ‘Statute’). It also issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant.
Archiv: Beti Hohler (International Criminal Court pre-trial judge / Slovenia) / appointed 25-10-2024
Situation in the State of Palestine: ICC Pre-Trial Chamber I issues warrant of arrest for Mohammed Diab Ibrahim Al-Masri (Deif)
Today, on 21 November 2024, Pre-Trial Chamber I of the International Criminal Court (‘Court’), in its composition for the Situation in the State of Palestine, unanimously issued a warrant of arrest for Mr Mohammed Diab Ibrahim Al-Masri, commonly known as ‘Deif’, for alleged crimes against humanity and war crimes committed on the territory of the State of Israel and the State of Palestine from at least 7 October 2023.
The Prosecution had initially filed applications for warrants of arrest for two other senior leaders of Hamas, namely Mr Ismail Haniyeh and Mr Yahya Sinwar. Following confirmation of their deaths, the Chamber granted the withdrawal of the applications on 9 August 2024 and 25 October 2024, respectively. With respect to Mr Deif, the Prosecution indicated that it would continue to gather information with respect to his reported death.
Netanyahu arrest warrant delayed in ICC for 5 months
(October 29, 2024)
Delays in the Palestine investigation trace back to 2015 when former ICC Prosecutor Fatou Bensouda initiated a preliminary examination. Although the investigation met the necessary criteria in 2019, it was postponed due to jurisdiction debates over Palestinian territories. The formal investigation began in March 2021, yet no meaningful progress has been made, further delaying requests against Netanyahu and Gallant.
Silence from the ICC judges hearing the Netanyahu case
On March 17, 2023, it took the judges of the International Criminal Court (ICC) just 23 days to confirm the arrest warrants requested by ICC prosecutor Karim Khan against Russian President Vladimir Putin and his children‘s rights commissioner, Maria Lvova-Belova. But more than five months after being filed on May 20, ICC magistrates are still deliberating on the arrest warrants requested by the same prosecutor for crimes committed in Israel and Gaza since October 7, 2023.
ICC Judges amend the Regulations of the Court concerning the charges
(21 October 2024 )
The judges of the International Criminal Court (ICC) adopted an amendment to regulations 52 and 53 of the Regulations of the Court, which enters into force today. The amendments concern the presentation of the document containing the charges and the decision of the Pre-Trial Chamber to confirm or decline charges.
Regulations 52 and 53 of the Regulations of the Court, as amended, provide clear direction on how the charges need to be presented by the Office of the Prosecutor and in the decision of the Pre-Trial Chamber. The confirmation of charges decision is a pivotal document for the conduct of the trial and defines its scope. By harmonising the presentation of key pre-trial and trial documents, the judges enhance the efficiency and transparency of the confirmation of charges procedure and ensuing trial proceedings.
One of 3 judges weighing request for ICC arrest warrants against Netanyahu and others is replaced
(October 25, 2024)
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.