ICC replaces judge overseeing request to charge Netanyahu, Gallant on medical grounds

Amid the brewing tensions in West Asia, the presiding judge of the International Criminal Court panel, who was considering the request to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, has been replaced. The international court published the decision on Friday and stated that the judge was being replaced on medical grounds.

Romanian judge Iulia Motoc, one of the three judges who were overseeing the matter, requested the court to be “taken off” the case “based on medical grounds and the need to safeguard the proper administration of justice.”

While the court did not give further details on the matter, they stated that “the personal medical situation of Judge Motoc is entitled to medical confidentiality." However, the move is likely to cause further delay in the decision on the request made by the court’s chief prosecutor, Karim Khan.

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Who is replacing Motoc in the case?

The ICC stated that Motoc was replaced by Beti Hohler, a Slovenian who was elected as a judge at the court last year. Hohler was earlier serving as a trial lawyer in the court’s prosecution office. Interestingly, Friday’s announcement came amid floating accusations that Khan tried for more than a year to coerce a female aide into a sexual relationship and groped her against her will.

However, the ICC prosecutor has vehemently denied the accusations. He insisted that there was “no truth to suggestions of misconduct.” Court officials have said they may have been made as part of an Israeli intelligence smear campaign.

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According to The Times of Israel, a court watchdog could not determine the wrongdoing but urged Khan to minimize contact with the woman to protect the rights of all involved and safeguard the court’s integrity.

Khan requested warrants against the leaders of Hamas and Israel in May this year. The prosecutor accused the Israeli premier and the defence minister along with Hamas leaders — Yahya Sinwar, Muhammad Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.

It is pertinent to note that the three Hamas leaders involved in the case have already been killed in Israeli operations in the region. Meanwhile, Netanyahu called the prosecutor’s accusations against him a “disgrace,” and an attack on the Israeli military and all of Israel.

US President Joe Biden also stated that the request for warrants for Netanyahu and Gallant was “outrageous,” adding “Whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas.”

One thing to note is that Israel is not a member of the court,  so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. However, the threat of arrest could make it difficult for Israeli leaders to travel abroad, especially to countries that are members of the ICC.

With inputs from agencies.