Israel considers creation of inquiry commission to fend off looming ICC arrest warrants

Attorney general proposes state commission, Netanyahu urges caution

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Israel is still considering its options on how to fend off the looming arrest warrants by the International Criminal Court (ICC) against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.

In a series of consultations regarding the issue on Thursday, Israeli Attorney General Gali Baharav-Miara pushed Netanyahu to create an independent commission tasked with investigating the humanitarian situation in Gaza to assure the ICC that Israel was taking the issue seriously, Israeli media reported Thursday.

Netanyahu met with “the relevant political echelon and the Attorney General,” the Prime Minister’s Office (PMO) stated.

“The Attorney General reiterated her position regarding the establishment of a State Commission of Inquiry to examine the humanitarian situation in Gaza,” the statement read.

However, “according to the view of the Attorney General herself, there is no certainty that establishing this commission would lead to the cancellation of the request to issue the warrants. Accordingly, additional courses of action were also evaluated.”

The ICC generally lacks the authority to investigate countries with their own operational legal apparatus.

Establishing another independent investigative commission could demonstrate Israel’s commitment to addressing the accusations seriously and fairly, potentially preventing the ICC from issuing arrest warrants.

If issued, the warrants would seriously hamper the ability of Netanyahu and Gallant to travel abroad, as the nations that recognize the ICC’s authority would be bound to arrest the two Israeli leaders upon their arrival.

According to Israeli media reports, local legal experts agreed with Baharav-Miara that forming a commission was Israel’s best option. While Netanyahu reportedly agrees in principle, he is wary of creating a state commission that would be headed by a former high court president, who could be hostile toward him.

The prime minister is said to prefer the establishment of a lower-level governmental commission.

In May, ICC prosecutor Karim Khan announced his intention to seek arrest warrants against Netanyahu and Gallant, as well as the Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohammed Deif.

While Khan recognized Israel’s right to self-defense, the ICC chief prosecutor claimed, “The means Israel chose to achieve [that right] in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal.”

In July, some 70 countries, organizations and individuals submitted amicus briefs to the ICC arguing either for or against the warrants. The high number of briefs could potentially delay the ICC’s ruling for months.

The decision had already been delayed in June after the United Kingdom filed a similar brief challenging the court’s jurisdiction over Israel.