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Lawyers Group Challenges ICC Prosecutor Over ‘Bogus’ Arrest Warrant for Netanyahu
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
British lawyers have mounted a challenge against the International Criminal Court’s chief prosecutor, Karim Khan, demanding a review of the arrest warrant issued against Israeli Prime Minister Benjamin Netanyahu, which they claim is based on “entirely false” allegations.
UK Lawyers for Israel (UKLFI) has warned that if Khan, who is also a British barrister, does not re-examine the evidence supporting the warrant, the group will report him to the UK Bar Standards Board for potential misconduct.
UKLFI’s letter to Khan alleges that “highly relevant evidence” has emerged since the arrest warrant was issued against Netanyahu and Israeli Defense Minister Yoav Gallant which they claim undermines the charges. The new evidence has not been put forward to the judges, something that the lawyers argue “amounts to a serious lack of integrity.”
“Every phrase of every sentence of [Khan’s] published summary of his applications for their arrest is false. It is a travesty that would do credit to the prosecutor of Albert Dreyfus,” Jonathan Turner, the chief executive of UKLFI and one of the three signatories of the letter, told The Algemeiner in a statement.
Dreyfus was a French army officer falsely convicted of espionage in a landmark case that sparked antisemitic violence across France.
UKLFI’s letter was released a day after the Middle East Media Research Institute (MEMRI) published a report highlighting past remarks from Khan, prior to his appointment as the UN court’s top prosecutor, in which he sharply criticized the International Criminal Court’s prosecution for its inadequate standards of proof, going so far as to describe the court as “not seaworthy.”
The Algemeiner contacted Khan’s office for a response to the allegations but did not receive a reply.
The International Criminal Court (ICC), under Khan’s leadership, has actively pursued arrest warrants against officials from both Israel and the Gaza-ruling Hamas terror group, prompting outrage from Israel at the implied comparison between the sides.
The ICC has charged Netanyahu and Gallant with war crimes in Gaza, accusing them of actions such as using starvation as a method of warfare and intentionally targeting civilians.
The lawyers asserted that the ICC has failed to consider exonerating evidence and has presented a deeply misleading picture of the events. The 24-page rebuttal also disputes claims that Israel imposed a “total siege” on Gaza, arguing instead that humanitarian aid was allowed and that services like water and electricity were not intentionally cut off. In one instance, the prosecution relied on findings from a March report about famine in parts of the Gaza Strip. The report was discredited in a June review by the Famine Review Committee (FRC) as “implausible,” but the chief prosecutor did not update his arrest application accordingly.
In another instance, the UKLFI lawyers vehemently contested the claims that Israel intentionally disrupted essential utilities, arguing instead that Israeli forces undertook repairs on water pipelines, while Hamas was responsible for destroying nine out of ten power lines supplying Gaza from Israel.
Khan has come under fire for making his surprise demand for arrest warrants for Netanyahu and Gallant on the same day in May that he suddenly canceled a long-planned visit to both Gaza and Israel to collect evidence of alleged war crimes. The last-second cancellation infuriated US and British leaders, according to Reuters, which reported that the trip would have offered Israeli leaders a first opportunity to present their position and outline any action they were taking to respond to the war crime allegations.
“This matters to more than just Mr. Netanyahu and Mr. Gallant. If the prosecutor can have the court issue arrest warrants on the basis of bogus allegations, no one is safe from the risk of arrest and possibly years of imprisonment in The Hague, even if eventually acquitted,” Turner said.
Only the prosecutor himself decides what information is provided to the court when it considers whether to issue an arrest warrant, Turner explained, putting him in a “very powerful position.”
“He is supposed to act impartially, seeking truth objectively, obtaining and providing evidence that shows innocence as well as guilt,” he said, but added that now he was seeking Netanyahu and Gallant’s arrests “on the basis of completely false information.”
One of the key points of contention is the killing of three humanitarian aid workers from World Central Kitchen by Israeli forces, which the ICC cited as a war crime. The UKLFI letter references an Australian-led investigation that found the Israel Defense forces (IDF) had mistakenly identified aid vehicles as threats, and those involved were disciplined — and in some cases, dismissed entirely — for failing to follow engagement protocols.
In a 43-page essay published in 2013, eight years before he began his ICC appointment, Khan described the court as “a think tank of a court divorced or unfamiliar with the realities of criminal investigations and courtroom litigation.”
ICC procedures, he asserted, allowed the prosecutor “to submit and rely on anonymous summaries of witness evidence that may be significantly lacking in substance, coherence, or both” and cited cases in which suspects were wrongly confirmed for trial.
Three years later, in a 2016 interview, Khan described the ICC as not “seaworthy.” The top UN Court needed to be “repaired significantly”; otherwise “international justice and the credibility of the ICC” was in jeopardy.
“You must get it right in the investigative stage,” he said.
“Like an alcoholic,” Khan went on, “the first step [is] to accept that there’s a problem.” International investigations, Khan said, were a “serious business” that should not be conducted in the glare of the CNN, BBC World, and Al-Jazeera news cycle — which he said is a “disaster brought to the ICC.”
He accused the Office of the Top Prosecutor, over which he would later preside, of submitting “dog’s breakfasts” of cases that “peddled lies.”
Khan was previously the defense counsel for then-Liberian President Charles McArthur Ghankay Taylor, who was later found guilty of crimes against humanity and war crimes, including murder, rape, slavery, and the use of child soldiers, becoming the first former head of state to be convicted for crimes against humanity by an international tribunal since the Nuremburg trials of Nazi leaders following World War II.
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Trump Nominates Marco Rubio for US Secretary of State
US Sen. Marco Rubio (R-FL) in Philadelphia, Pennsylvania, US, Sept. 10, 2024. Photo: REUTERS/Evelyn Hockstein
US President-elect Donald Trump on Wednesday confirmed that he will nominate Sen. Marco Rubio (R-FL) to serve as secretary of state in his incoming administration, a potential signal that the next White House will take a more adversarial posture toward Iran.
Trump’s confirmation came a couple days after several media outlets reported that he was expected to tap Rubio, 53, to head the US State Department. The move to place a lawmaker known for his hawkish foreign policy views as the nation’s top diplomat has mollified concerns among some critics that the second Trump administration would adopt a more isolationist approach to international affairs.
“Marco is a Highly Respected Leader, and a very powerful Voice for Freedom. He will be a strong Advocate for our Nation, a true friend to our Allies, and a fearless Warrior who will never back down to our adversaries,” Trump said in an official statement. “I look forward to working with Marco to Make America, and the World, Safe and Great Again!”
Rubio issued a brief statement advocating an approach of “peace through strength” to international relations.
“As Secretary of State, I will work every day to carry out his foreign policy agenda. Under the leadership of President Trump we will deliver peace through strength and always put the interests of Americans and America above all else,” Rubio said on X/Twitter.
Since his election to the Senate in 2010, Rubio has developed a reputation as a foreign policy hawk, advocating for greater investments in the US military and a tougher approach to adversaries such as Iran, China, Cuba, and Venezuela.
Rubio’s policy views have previously resulted in conflict with more isolationist members of the Republican Party, who have argued that the US should step back from international conflicts and increase focus on domestic issues.
The selection of Rubio also indicates the incoming Trump administration will be diplomatically supportive of Israel.
In the year following the Palestinian terrorist group Hamas’s massacre across southern Israel last Oct. 7, Rubio has steadfastly signaled his support for the Jewish state, resisting calls for a ceasefire in Gaza and underscoring the importance of Israel achieving a decisive win against Hamas.
He stated in October 2023 that Israel has “no choice but to seek the complete eradication of Hamas in Gaza,” adding that “this tragically necessary effort will come at a horrifying price” and that “the price of failing to permanently eliminate this group of sadistic savages is even more horrifying.”
In May 2024, the senator cautioned that the conflict between Israel and Hezbollah, the Iran-backed terrorist organization in Lebanon, could soon break out into full-scale war.
“The imperative that Israel has at some point to address it, even though there’s a real threat there of a full-scale war with Hezbollah, which militarily is a lot more challenging and destructive,” Rubio said.
Last month, Rubio condemned Iran’s direct attack against Israel after the Iranian regime fired a barrage of nearly 200 ballistic missiles at the Jewish state.
“I urge the reimposition of a maximum pressure campaign against Iran and fully support Israel’s right to respond disproportionately to stop this threat. The United States will continue to stand with Israel,” Rubio said in a statement.
Rubio has also assigned blame to Iran for fomenting instability and chaos in the Middle East, adding that the regime has also acted as the “primary” oppressor of its own civilians.
“The primary source of violence, conflict, suffering, and instability in the Middle East is the criminal ‘Islamic Republic’ regime which has also oppressed the people of [Iran] for almost [45] years,” Rubio said on X/Twitter.
Beyond Rubio, Trump has also handpicked other administration members with pro-Israel bonafides. Rep. Elise Stefanik (R-NY), a lawmaker who has gone viral for her blistering repudiations of university presidents over their response campus antisemitism, has been selected to serve as ambassador to the United Nations. Trump also selected Rep. Mike Waltz (R-FL) to serve as his next national security adviser.
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Trump’s Top National Security Picks Have Expressed Strongly Pro-Israel, Anti-Iran Views
US President Donald Trump is interviewed by then-Fox and Friends co-host Pete Hegseth at the White House in Washington, US, April 6, 2017. Photo: REUTERS/Kevin Lamarque
US President-elect Donald Trump’s selections for national security adviser and defense secretary have a history of making statements in support of Israel’s right to defend itself from neighboring threats.
In the week following his resounding victory at the polls, Trump has swiftly moved to fill his incoming cabinet with allies of Israel.
Among his top national security picks, the president-elect has chosen US. Rep. Mike Waltz (R-FL) to serve as his national security adviser and nominated Fox News host and Army National Guard officer Pete Hegseth as the next secretary of defense.
Waltz, a Green Beret and former Pentagon policy adviser, has developed a hawkish reputation on foreign policy matters. He supported Israel’s retaliatory strikes against Iran in October, arguing that the Jewish state should target Kharg Island, a major hub of the regime’s oil exports. The representative also suggested that Israel attack Iran’s nuclear facilities outside of Tehran. The lawmaker has openly criticized the Biden administration for allegedly holding Israel back from a full force retaliation against Iran.
Waltz has also argued that the US should attempt to weaken Iran through sanctioning the Chinese buyers of Iranian oil, saying that isolating Iran economically would cripple their ability to finance the operations of terrorist groups such as Hamas, the Houthis, and Hezbollah. He has also helped spearhead bipartisan efforts to recategorize the Houthis in Yemen as an official international terrorist organization, a move that he argues would isolate the group by making financial transactions with them illegal.
On Tuesday, Trump raised eyebrows by tapping Hegseth to head the Pentagon. Hegseth, a former infantry officer in the Army National Guard deployed to the Iraq and Afghanistan wars, has repeatedly expressed affinity for Israel. Hegseth, a devout Christian, argued on television that Jews have a right to live in Israel on Biblical grounds. In his 2020 book, American Crusade, Our Fight to Stay Free, he stated that Israel is “central to the story of Western civilization” and that the Jewish state is “inextricably linked” to America.
“If you love America, you should love Israel. We share history, we share faith, and we share freedom. We love free people, free expression, and free markets,” he wrote. “And whereas America is blessed with two big, beautiful oceans to protect it, Israel is surrounded on all sides by countries that either used to seek, or still seek, to wipe the nation off the map.”
During a 2016 trip to Israel, Hegseth said that he was “struck by the pervasive sense of purpose which permeates Israel and its people who understand the special nature of its founding and defense.” He also said that America can “learn from Israel” and that the Jewish state “is indispensable for the future of the West and human freedom.”
Following the 2020 killing of Iranian General Qasem Soleimani, who headed the Quds Force responsible for overseeing Iran’s proxies and terrorist operations abroad, Hegseth urged then-President Trump to bomb Iran’s nuclear production facilities.
“I happen to believe that we can’t kick the can down the road any longer in trying to prevent Iran from getting a nuclear bomb. They used the killing of Soleimani as an excuse to say ‘we’re scrapping the Iran Deal.’ We all know they were scrapping it anyway,” Hegseth said on Fox News, adding that America should notify Iran of its plans to destroy its “nuclear production facilities,” “key infrastructure,” “missile sites,” and “port capabilities.”
Hegseth also argued that attempts to restrain Israel from direct confrontation with Iran are “ridiculous” and that the Islamic regime represents an “existential threat” to the Jewish state.
“Israel wants to deal with Iran, we should let them … If it was not for Israel, Iran would have had the bomb already,” he said.
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American Jewish Organizations React to Trump’s Choice for US Ambassador to Israel
Mike Huckabee looks on as Donald Trump reacts during a campaign event at the Drexelbrook Catering and Event Center, in Drexel Hill, Pennsylvania, US, Oct. 29, 2024. Photo: REUTERS/Brendan McDermid
American Jewish organizations were quick to react to US President-elect Donald Trump’s announcement that he would choose former Arkansas Gov. Mike Huckabee to be the next US ambassador to Israel after he assumes office in January.
“Mike has been a great public servant, governor, and leader in faith for many years. He loves Israel, and the people of Israel, and likewise, the people of Israel love him. Mike will work tirelessly to bring about peace in the Middle East!” Trump wrote in his announcement.
Huckabee, an evangelical Christian, has long been a vocal pro-Israel voice. He has repudiated the anti-Israel protests that erupted in the wake of Hamas’s massacre across southern Israel last Oct. 7 and criticized incumbent US President Joe Biden for sympathizing with anti-Israel protesters during his speech at the 2024 Democratic National Convention (DNC). The incoming ambassador also lambasted the anti-Israel encampments at elite universities, stating that there should be “outrage” over the targeting and mistreatment of Jewish college students.
Ted Deutch, the CEO of the American Jewish Committee (AJC), posted on X on Tuesday that his organization “looks forward to working with Gov. Huckabee and newly appointed Special Envoy for the Middle East Steven Witkoff to strengthen the US-Israel relationship, bolster Israel-diaspora relations, and promote strong connections between American Jewry and Israel.”
Other Jewish communal organizations, such as the Jewish Federations of North America and the Anti-Defamation League, have so far not made statements.
The Republican Jewish Committee (RJC) said it was “thrilled” with the choice. “As a man of deep faith,” the RJC wrote, “we know Governor Huckabee’s abounding love of Israel and its people is second to none.”
It continued, “As the Jewish state continues to fight an existential war for survival against Iran and its terrorist proxies, Governor Huckabee will represent America’s ironclad commitment to Israel’s security with distinction.”
On the other side, however, the Jewish Democratic Council of America (JDCA) called Huckabee “utterly unqualified for this role” and argued that “his extremist views with regard to the Israeli-Palestinian conflict will not further the national security interests of the United States or advance prospects for peace between Israelis and Palestinians.”
Huckabee told Israel’s Army Radio in his first interview since the announcement of his ambassadorship that “of course” the annexation of the West Bank is a possibility during Trump’s second presidential term.
“Unfortunately, when it comes to the US-Israel relationship,” the JDCA concluded, “Donald Trump will continue to only be motivated by his own narrow self-interest, and we’re deeply concerned about what that means for the United States and Israel.”
J Street also opposed the choice, writing in a statement that “Huckabee, a right-wing, evangelical minister with a long history of championing settlement expansion, annexation, and a radical ‘Greater Israel’ agenda, holds principles and espouses views that — if now implemented — would shatter the foundations on which a healthy and strong US-Israel relationship has been built over the past 75 years.”
J Street on Monday urged the Biden administration to withhold offensive weapons from Israel as part of a partial arms embargo, arguing that the United States needs to hold Israel accountable for alleged human rights “violations” before Trump takes office.
Huckabee has taken positions on the Israel-Palestinian conflict considered further to the right than most American Jews and politicians. The former governor has defended Israel’s right to build settlements in the West Bank, acknowledging the Jewish people’s ties to the land dating back to the ancient world.
“There is no such thing as the West Bank — it’s Judea and Samaria,” Huckabee has said, referring to the biblical names for the area. “There is no such thing as settlements — they’re communities, they’re neighborhoods, they’re cities. There is no such thing as an occupation.”
Huckabee has also argued, including during his 2008 US presidential campaign, that any future Palestinian state should be created from land in Arab countries, rather than from territory that Israel captured in 1967 during the Six-Day War.
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