The Media Line: Israel Challenges ICC Judge’s Impartiality in Netanyahu Arrest Warrant Case

Israel has raised questions regarding the impartiality of International Criminal Court (ICC) Judge Beti Hohler, who recently joined a panel deciding whether to approve arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and three Hamas leaders concerning the Gaza conflict. Israel’s Attorney-General’s office filed a statement on November 11 expressing concerns over Hohler’s previous employment with the ICC Office of the Prosecutor, which could impact her neutrality.

The ICC’s chief prosecutor initially requested arrest warrants for Netanyahu, Gallant, and the Hamas leaders in May, citing evidence of alleged war crimes and crimes against humanity. Before a warrant can be issued, however, the request must gain approval from ICC judges. The case has faced delays due to Israel’s legal challenges on jurisdictional grounds, and further complications arose last month when Romanian Judge Iulia Motoc stepped down from the three-judge panel overseeing the decision due to health reasons. Hohler, from Slovenia, replaced her shortly afterward.

In its filing, Israel requested clarification from Hohler, noting that her prior role with the Office of the Prosecutor does not automatically signal bias but suggested it could, depending on circumstances, raise doubts about her impartiality. Israel’s attorney general emphasized that the request safeguards a fair and transparent process.

With no official timeline for ICC rulings on arrest warrants, cases typically see decisions within three months of submission.