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ICC Prosecutor Opted to Seek Arrest Warrants for Israeli Leaders Over Fact-Gathering Trip to Israel, Gaza
International Criminal Court Prosecutor Karim Khan speaks during an interview with Reuters in The Hague, Netherlands, Feb. 12, 2024. Photo: REUTERS/Piroschka van de Wouw
On May 20, the same day International Criminal Court prosecutor Karim Khan made a surprise request for warrants to arrest the leaders of Israel and Hamas involved in the Gaza conflict, he suddenly canceled a sensitive mission to collect evidence in the region, eight people with direct knowledge of the matter told Reuters.
Planning for the visit had been under way for months with US officials, four of the sources said.
Khan’s decision to request the warrants upended the plans backed by Washington and London for the prosecutor and his team to visit Gaza and Israel. The court was set to gather on-site evidence of war crimes and offer Israeli leaders a first opportunity to present their position and any action they were taking to respond to the allegations of war crimes, five sources with direct knowledge of the exchanges told Reuters.
Khan’s request for a warrant for Israeli Prime Minister Benjamin Netanyahu — the court’s first attempt to detain a sitting, Western-backed head of state — also flew in the face of efforts the US and Britain were leading to prevent the court from prosecuting Israeli leaders, the sources said.
The two states have said the court has no jurisdiction over Israel and that seeking warrants would not help resolve the conflict.
Khan’s office told Reuters the decision to seek warrants was, in line with its approach in all cases, based on an assessment by the prosecutor that there was enough evidence to proceed, and the view that seeking arrest warrants immediately could prevent ongoing crimes.
Reuters is the first to report in detail about the planned trip and the repercussions of its cancellation.
Khan had for three years been working to improve relations with the US, which is not a member of the court. He had asked Washington to help put pressure on its ally Israel — also not a court member — to allow his team access, four sources said.
His move has harmed operational cooperation with the US and angered Britain, a founding member of the court, the sources said.
A senior US State Department official said Washington continued to work with the court on its investigations in Ukraine and Sudan, but three sources with direct knowledge of the US administration’s dealings with the court told Reuters cooperation has been damaged by Khan’s sudden action.
They said problems have played out in preparations for new indictments of suspects in Sudan’s Darfur and the apprehension of fugitives. Two of the sources said one operation to detain a suspect, which they declined to describe in detail, did not go ahead as planned due to the loss of key US support. All the sources expressed concerns Khan’s action would jeopardize cooperation in other ongoing investigations.
However, Khan’s sudden move has drawn support from other countries, exposing political differences between national powers over the conflict and the court. France, Belgium, Spain, and Switzerland have made statements endorsing Khan’s decision; Canada and Germany have stated more simply that they respect the court’s independence.
The world’s war crimes court for prosecuting individuals, the ICC does not have a police force to detain suspects, so it relies on 124 countries that ratified the 1998 Rome treaty that founded it. Non-members China, Russia, the US, and Israel sometimes work with the court on an ad hoc basis.
A FEW HOURS’ NOTICE
Khan personally decided to cancel the visit to the Gaza Strip, Jerusalem, and the West Bank city of Ramallah, which was due to begin on May 27, two of the sources said.
Court and Israeli officials were due to meet on May 20 in Jerusalem to work out final details of the mission. Khan instead requested warrants that day for Netanyahu, Israeli Defense Minister Yoav Gallant and three Hamas leaders — Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh.
A UN official, speaking on condition of anonymity, confirmed that initial discussions had taken place regarding a visit to Gaza by Khan, covering security and transportation.
Flight tickets and meetings between senior-level court and Israeli officials were canceled with just hours of notice, blindsiding some of Khan’s own staff, seven sources with direct and indirect knowledge of the decision said.
The US State Department official said that abandoning the May visit broke from the prosecution’s common practice of seeking engagement with states under investigation. Three US sources said, without providing details, that Khan’s motive to change course was not clearly explained and the about-face had hurt the court’s credibility in Washington.
Khan’s office did not directly address those points but said he had spent the three previous years trying to improve dialogue with Israel and had not received any information that demonstrated “genuine action” at a domestic level from Israel to address the crimes alleged.
Khan “continues to welcome the opportunity to visit Gaza” and “remains open to engaging with all relevant actors,” his office said in an email.
Senior Hamas official Basem Naim told Reuters Hamas had no prior knowledge of Khan’s intentions to send a team of investigators into Gaza.
Netanyahu’s office and the Israeli Foreign Ministry declined to comment.
The war in Gaza erupted after Hamas-led terrorists stormed into southern Israel on Oct. 7, killing 1,200 people and taking about 250 hostages. Israel responded with a military campaign in Gaza aimed at freeing the hostages and dismantling Hamas’ military and governing capabilities. Hamas-controlled health authorities in Gaza say that nearly 38,000 Palestinians have died during the campaign, although experts have cast doubt on the reliability of their figures, noting they have been shown to over-count casualties and fail to distinguish between civilians and combatants.
WASHINGTON BLINDSIDED
The ICC admitted “the State of Palestine” in 2015, and Khan says his office has jurisdiction over alleged atrocity crimes committed since Oct. 7 by Palestinians in Israel and by anyone in the Gaza Strip. Neither the US or Britain recognize a Palestinian state, so they dispute the court’s jurisdiction over the territory.
Even though Washington and London argue that the court has no jurisdiction in this situation, they were talking to Israel to help prosecutor Khan arrange the visit, four sources close to their administrations told Reuters.
The sources said they had been aware that Khan might seek warrants for Netanyahu and other high-level Israeli officials: Since at least March, Khan or members of his team had been informing the governments of the US, UK, Russia, France, and China about the possibility of bringing charges against Israeli and Hamas leaders.
A diplomatic source in a Western country said, without giving details, there was a diplomatic effort under the radar to try to convince the ICC not to take this path.
“We worked hard to build a relationship of no surprises,” said one US source, who asked not to be named because of the sensitivity of the case.
US Secretary of State Antony Blinken on May 21 called Khan’s decision “profoundly wrong-headed,” saying it was out of line with the process he expected and would complicate prospects for a deal on freeing hostages or a ceasefire. He told a Senate appropriations committee he would work with Republicans to impose sanctions against ICC officials.
On the same day, Cameron told parliament Kahn’s move was mistaken.
In private, he responded furiously to the change of plan, calling it “crazy” because Khan’s team had not yet visited Israel and Gaza, and threatening in a phone call with Khan to pull Britain out of the court and cut financial support to it, three sources with direct knowledge of the discussion said. A foreign office official declined to comment on the phone call or on Britain’s relationship to the court.
In June, the ICC allowed the UK to file a written submission outlining its legal arguments that the ICC does not have jurisdiction over the case. The issue of the court’s jurisdiction divides both members and non-members of the court.
The US has a fraught relationship with the court. In 2020, under the former US President Donald Trump, Washington imposed sanctions against it, which were dropped under President Joe Biden.
Khan’s office said he “has made significant efforts to engage with the United States in recent years in order to strengthen cooperation, and has been grateful for the concrete and important assistance provided by US authorities.”
The post ICC Prosecutor Opted to Seek Arrest Warrants for Israeli Leaders Over Fact-Gathering Trip to Israel, Gaza first appeared on Algemeiner.com.
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Hamas Confirms Death of Terror Chief Mohammed Deif Months After Israeli Strike
Picture said to show leader of Hamas’s military wing, known as Al-Qassam Brigades, Mohammed Deif in a location given as Gaza Strip in this handout picture released on Jan. 7, 2024. Photo: Israel Defense Forces/Handout via REUTERS
The Palestinian terrorist group Hamas officially confirmed on Thursday that its military chief, Mohammed Deif, was killed during the Gaza war, almost six months after the Israel Defense Forces (IDF) reported his death.
Deif, the architect of Hamas’s military capabilities, is believed to have been one of the masterminds behind the terrorist group’s invasion of and massacre across southern Israel on Oct. 7, 2023 — which sparked the Gaza war.
Abu Ubaida, a Hamas spokesperson, also reported the deaths of Deif’s deputy, Khan Younis Brigade commander Rafa Salama, as well as senior operatives Marwan Issa, Ghazi Abu Tama’a, Raad Thabet, Ahmed Ghandour, and Ayman Nofal.
According to the IDF, Deif was killed in an airstrike in Khan Younis in southern Gaza on July 13 of last year.
Following weeks of intelligence assessments, Israeli authorities gathered evidence to confirm Deif’s death before publicly announcing it in early August.
“IDF fighter jets struck in the area of Khan Yunis, and … it can be confirmed that Mohammed Deif was eliminated in the strike,” the military said. “His elimination serves the objectives of the war and demonstrates Israel’s ability to carry out targeted strikes with precision.”
At the time, Hamas neither confirmed nor denied Deif’s death, but one official, Ezzat Rashaq, stated that any announcements regarding the deaths of its leaders would be made solely by the organization.
“Unless either of them [the Hamas political and military leadership] announces it, no news published in the media or by any other parties can be confirmed,” Rashaq said.
In November, the International Criminal Court issued an arrest warrant for Deif, as well as for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant, for alleged war crimes and crimes against humanity related to the Oct. 7 attacks on Israel and the ensuing war in Gaza.
Deif is believed to have collaborated closely with the late Hamas leader Yahya Sinwar, managing military operations and coordinating with the group’s top commanders throughout the conflict.
After Deif’s assassination, then-defense minister Gallant posted an image on social media praising the Israeli military’s accomplishment.
“The assassination of mass murderer Mohammed Deif — ‘Gaza’s Bin Laden’ — is a major step toward dismantling Hamas as a military and governing entity, and achieving the war’s objectives,” he said.
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‘A Bad but Necessary Deal’: Five Members of His Family Were Murdered — Today, Their Killer Walks Free
Oran Almog, right, addressing the UN Security Council next to Israeli Ambassador to the UN Danny Danon on July 25, 2017. Photo: Screenshot
While the release of three Israeli hostages on Thursday brought relief and elation across Israel, it also triggered a wave of mixed emotions, especially among victims who saw the terrorists responsible for their suffering set free. One of them is Oran Almog, who was just ten years old when a Palestinian terrorist disguised as a pregnant woman blew up the restaurant he was in, killing five members of his family and leaving him blind.
Yet, while Thursday’s release of Sami Jaradat — the mastermind behind the October 2003 massacre of Almog’s family — was a deeply personal blow, the return of hostages remained a necessary step, he said.
“That the terrorist who killed my family will find himself free is deeply painful, heartbreaking even,” he told The Algemeiner. “But at the same time, I know that even today — especially today — I must set aside my personal pain and focus on the significance of this deal. And the significance is clear. We are getting our hostages home, and that is the only thing that matters.”
Almog’s father, Moshe Almog, his younger brother, Tomer, his grandparents Admiral (res.) Ze’ev and Ruth Almog, and his cousin, Asaf, were murdered when the suicide bomber, Hanadi Jaradat, a 29-year-old lawyer from Jenin, managed to get past the security guard of the Maxim restaurant — jointly owned by a Jewish Israeli and an Arab Israeli — and blow herself up. Sixteen other people were also murdered in the attack, among them four children. Almog lost his eyesight, and his mother, sister, and aunt were among the 60 injured Israelis.
“Sami Jaradat’s continued imprisonment will never bring my family back, but his release can bring the hostages back home alive,” Almog explained.
Emotional meeting between Agam Berger and her family at Beilinson Hospital in Israel. Photo: Haim Zach (GPO)
Almog knows firsthand what it means to be on the receiving end of a hostage-prisoner exchange.
Just two weeks after marking the 20th anniversary of the Maxim restaurant attack, another tragedy struck his family. On Oct. 7, 2023, Hamas terrorists brutally murdered Nadav and Yam and abducted Chen, Agam, Gal, and Tal from the Almog-Goldstein family in Kfar Azza.
Fifty-one days later, in November 2023, they were released from Hamas captivity in a temporary ceasefire deal.
Under the current ceasefire agreement reached earlier this month, Hamas will release a total 33 Israeli hostages, eight of whom are deceased, according to the terrorist group. In exchange, Israel will free over 1,900 Palestinian prisoners, many of whom were serving multiple life sentences on terrorism offenses. Thursday saw the release of three Israelis — including IDF surveillance soldier Agam Berger, 20, and civilians Arbel Yehoud, 29, and Gadi Mozes, 80 — and five Thai nationals, who were working in Israeli kibbutzim when they were abducted.
“This is a bad deal, very bad, but the alternative is that much worse,” Almog said. “We must look ahead, put today aside, and recognize that releasing prisoners serves a greater purpose.”
However, Almog expressed hope that Israel would move toward a more decisive and uncompromising approach in its fight against terrorism.
“I sincerely hope that as a country, we will have the wisdom to decisively thwart terrorism,” he said, emphasizing the need to break free from the ongoing cycle of prisoner exchanges.
“I don’t want us to find ourselves trapped in a cycle of releasing terrorists, only for them to return to terror, and then repeat the process again and again,” he added.
Almog has previously addressed the UN Security Council, urging action against the so-called “pay-for-slay” scheme, in which terrorists and their families receive monthly stipends from the Palestinian Authority. The terrorist behind the murder of Almog’s family received $3,000 a month while behind bars, making him almost a millionaire by the time of his release.
Still, Almog concluded with a deeply uplifting message for the returning hostages, confident that they would have a chance at a good life, drawing from his own experiences since the terror attack.
Oran Almog. Photo: Facebook
After his release from the hospital, he began a long rehabilitation process, culminating in third place at the World Blind Sailing Championship with Etgarim, a nonprofit founded by disabled veterans and rehabilitation experts, and supported by the International Fellowship of Christians and Jews (IFCJ). He was chosen to light a torch at Israel’s Independence Day ceremony marking the 60th anniversary of the state and, despite his disability, insisted on enlisting in the IDF, serving in an elite unit. Today, he is a managing partner at a financial technology fund, works with Etgarim, and shares his story globally through lectures.
“I know the hostages will be able to return, to live, and to live well. With enough support — and a great deal of willpower — it is truly possible to rebuild life, even after the deepest catastrophes,” he said.
The post ‘A Bad but Necessary Deal’: Five Members of His Family Were Murdered — Today, Their Killer Walks Free first appeared on Algemeiner.com.
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Pro-Israel Lawmaker Randy Fine Wins Florida GOP Primary, Favorite to Replace Trump Adviser Mike Waltz in Congress
Florida state Sen. Randy Fine. Photo: Reuters
Florida state Sen. Randy Fine emerged victorious on Tuesday in the Republican primary election for the Sunshine State’s 6th Congressional District in the US Congress, making the firebrand conservative the overwhelming favorite to secure the highly-coveted seat to replace now-former Rep. Mike Waltz.
The congressional seat became vacant after Waltz stepped down to become the national security adviser for US President Donald Trump in the White House. Waltz had managed to secure reelection in November with 66 percent of the vote.
Fine, who is Jewish, has established himself as a stalwart ally of Israel. In the year following the Hamas-led slaughter of 1,200 people and kidnapping of 251 hostages during a cross-border invasion into southern Israel, Fine has spearheaded efforts to uproot antisemitism within the state of Florida.
In August 2024, he chided Gov. Ron DeSantis (R-FL) for taking a trip to Ireland, repudiating the country as “antisemitic.”
“I was certainly disappointed to see not only folks go to what is clearly an antisemitic country that supports Muslim terror, but I was also disappointed that the game wasn’t cancelled, which it should have been,” Fine said.
Ireland has been a fierce critic of Israel since Hamas’s Oct. 7 massacre, even joining a legal case brought by South Africa to the International Court of Justice accusing the Jewish state of genocide in Hamas-ruled Gaza. The move, which came after the Irish government in May officially recognized a Palestinian state, led Israel to shutter its embassy in Dublin.
In August 2024, Fine launched an investigation into alleged antisemitic and pro-terrorist ideology within instructional materials at Florida public universities. Fine suggested that activist professors were using textbooks that were indoctrinating students with anti-Israel sentiment.
“When we learned that Florida universities were using a factually inaccurate, openly antisemitic textbook, we realized there was a problem that had to be addressed,” Fine said.
Following the New Year’s Day ISIS-inspired terrorist attack in New Orleans, Fine raised eyebrows by repudiating Islam as a “fundamentally broken and dangerous culture.”
“Muslim terror has attacked the United States — again. The blood is on the hands of those who refuse to acknowledge the worldwide #MuslimProblem. It is high time to deal with this fundamentally broken and dangerous culture,” Fine posted on X/Twitter.
The American Israel Public Affairs Committee (AIPAC), the foremost pro-Israel lobbying group in the US congratulated Fine for his primary victory on Tuesday.
“We are proud to support pro-Israel candidates who help strengthen and expand the US-Israel relationship. Being pro-Israel is good policy and good politics,” AIPAC, which endorsed Fine, posted on social media.
The Republican Jewish Coalition (RJC), an organization that attempts to forge closer ties between the Jewish community and the Republican Party, touted Fine’s vigorous crusade against antisemitism within the Florida state legislature.
“Randy Fine is a warrior for his constituents and has served for years in the Florida legislature with distinction,” RJC wrote on X/Twitter. “Randy Fine will be a fierce advocate for the Jewish community in the House of Representatives. Importantly, he has led the fight and been the loudest voice against the rise of antisemitism in Florida and across the country.”
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