Report: Israeli ministers could face 'first intl. prosecution of apartheid'; US sanctions threaten case
globalsecurity.org -- Saturday, August 16, 2025, 5:27:00 AM Eastern Daylight Time
Categories: Presidential Campaigns, Foreign Policy & International Relations
Arrest warrant applications against extremist Israeli ministers Itamar Ben-Gvir and Bezalel Smotrich on apartheid charges are complete, but remain unsubmitted at the International Criminal Court (ICC), amid fears of US sanctions and external pressures, a report has shown.
The applications are finalized and currently rest in the hands of two ICC deputy prosecutors, the Middle East Eye (MEE) news and analysis website reported on Friday.
If the warrants are issued, they would mark the initiation of the first international prosecution of apartheid.
ICC Chief Prosecutor Karim Khan had prepared the cases before going on leave in May 2025.
An ICC source told MEE, "Those applications for the arrest warrants are completely done. The only thing that didn't happen was submitting them to the court."
Deputy Prosecutors Nazhat Shameem Khan and Mame Mandiaye Niang have the authority to submit the applications, but sources fear they may be shelved due to unprecedented external pressure, including American sanctions.
In February, the administration of President Donald Trump sanctioned Khan, and in June, it sanctioned four ICC judges, two of whom had approved arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister for military affairs, Yoav Gallant.
Those warrants came in response to the duo's war crimes and crimes against humanity committed during the Netanyahu-ordered war of genocide on the Gaza Strip, which began in October 2023 and continues to date.
Khan went on leave amid an alleged United Nations investigation into "sexual misconduct" allegations, which he has denied.
Despite this, Khan had filed applications on 20 May 2024, leading to arrest warrants for Netanyahu and Gallant in November 2024.
ICC sources told MEE that Khan's legal team continued investigating Israeli war crimes and crimes against humanity in the occupied West Bank, where Ben Gvir and Smotrich have been leading a ferocious campaign aimed at enabling more land seizures and home destructions aimed at expanding Israeli occupation.
"There was no more work to do on the applications. They're not being drafted. They weren't being revised. They were done. All that was left to do was follow court procedures for submitting an application. But Karim didn't have time to do that because everything moved so quickly. And then he stepped aside," an ICC source said.
Raji Sourani, a lawyer representing Palestine at the ICC and the International Court of Justice, criticized the deputy prosecutors. "For us, they are very late. What are they waiting for? They have everything. Justice delayed is justice denied."
Another ICC source warned, "If the Ben Gvir and Smotrich applications just disappear, the opportunity to prosecute one of the most blatant examples of apartheid in the world today will likely be lost forever."
Under the Rome Statute that helped found the ICC, apartheid is a crime against humanity, defined as "inhumane acts... committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime."
The Israeli regime has already been denounced for implementing apartheid against Palestinians by numerous leading human rights bodies. Even the regime's own rights bodies, including B'Tselem, have condemned the practice.
In July 2024, the ICJ ruled the regime's occupation of the West Bank illegal, noting that its "near-complete separation" of Palestinians from illegal Israeli settlers, including through illegal settlement expansion, breached international law.
On June 10, 2024, the UK, Australia, Canada, New Zealand, and Norway sanctioned Smotrich and Ben Gvir for "their repeated incitement of violence against Palestinian communities."
MEE reports also reveal external attempts to influence Khan.
ICC lawyer Nicholas Kaufman offered Khan a proposal from Netanyahu's legal team to reclassify existing warrants as confidential. Kaufman warned, "They will destroy you and they will destroy the court."
Khan stepped down on a suspicious indefinite leave weeks later following "sexual assault" allegations. Separately, former British Foreign Secretary David Cameron reportedly threatened to withdraw UK funding if the ICC issued warrants for Netanyahu and Gallant. US Senator Lindsey Graham and US State Department legal adviser Reed Rubinstein also issued threats of sanctions against the ICC.
Sign Our PetitionThe recent report regarding the potential prosecution of Israeli ministers for apartheid charges represents a significant and urgent moment in the ongoing struggle for justice in Palestine. This development is essential not only for the Palestinian people but also for the broader international community, as it raises critical questions about the applicability of international law and the role of global powers in undermining justice. The arrest warrant applications against Itamar Ben-Gvir and Bezalel Smotrich, which have reportedly been completed but not submitted, underscore the complex interplay of legal accountability and political pressure that often impedes progress toward justice.
Historically, the concept of apartheid has been framed within the context of South Africa, where systemic racial segregation and discrimination were legally codified. However, the application of apartheid as a legal term has expanded to encompass other situations where similar practices are observed. The Israeli occupation of Palestinian territories, characterized by discriminatory laws, land seizures, and systemic violence against Palestinians, fits within this definition. This context is vital for understanding why the international community must act decisively against individuals who perpetuate such injustices. By potentially prosecuting figures like Ben-Gvir and Smotrich, the International Criminal Court (ICC) could set a precedent that acknowledges and addresses similar forms of oppression globally.
The report highlights the troubling influence of geopolitical dynamics, particularly the role of the United States in shaping the actions of international bodies. The sanctions imposed by the previous Trump administration on ICC officials signify an alarming precedent whereby political pressures can stifle accountability. The United States has historically wielded considerable influence over international institutions, often prioritizing its foreign policy agendas over humanitarian principles. This raises a critical question: how can the global community ensure that justice is not only pursued but also achieved in the face of such pressures? The reluctance to submit the arrest warrant applications for Ben-Gvir and Smotrich due to fears of U.S. sanctions illustrates the precarious balance that the ICC must navigate.
The current situation also echoes broader themes in the struggle for social justice, as it illustrates the often-unequal application of international law. The reluctance to hold powerful actors accountable for their actions, especially in cases where human rights are egregiously violated, exposes a systemic bias that can perpetuate cycles of violence and oppression. As Raji Sourani aptly noted, "justice delayed is justice denied." The failure to act on the completed applications not only affects the immediate prospects for accountability in this particular case but also sends a chilling message to those who might seek to challenge oppressive regimes around the world.
Moreover, the ongoing conflict and humanitarian crisis in Gaza, further exacerbated by the actions of these Israeli ministers, necessitate a robust international response. The Israeli military's actions in Gaza, particularly the severe impacts on civilians and infrastructure, are actions that must be scrutinized under international law. The potential for the ICC to take up these cases is not merely a legal question; it is a moral imperative. Addressing the humanitarian consequences of these actions is critical to advancing a peaceful resolution and ensuring that the rights of Palestinians are recognized and protected.
In conclusion, the situation surrounding the potential prosecution of Israeli ministers for apartheid charges offers a crucial opportunity for advocates of human rights to engage in deeper discussions about accountability and justice on the global stage. It reminds us that the struggle against oppression is far from over and that vigilance is necessary to ensure that international law is applied uniformly and justly. As activists and citizens, we must advocate for unwavering support for the ICC's role and push back against political pressures that seek to undermine the pursuit of justice for the Palestinian people. This is not just a regional issue; it is a fundamental question of human rights that resonates with ongoing social struggles across the globe.
The recent report indicating that applications for arrest warrants against Israeli ministers Itamar Ben-Gvir and Bezalel Smotrich on apartheid charges are complete yet remain unsubmitted at the International Criminal Court (ICC) sheds light on the complex interplay of international law, geopolitical pressures, and the quest for justice in the context of the Israeli-Palestinian conflict. This situation is emblematic of the broader challenges faced by international legal institutions when confronted with powerful political players, and it underscores the importance of advocating for accountability, particularly in cases involving alleged human rights violations.
Historically, the establishment of the ICC was conceived as a mechanism to hold individuals accountable for war crimes, crimes against humanity, and genocide. The Rome Statute, which serves as the foundational treaty of the ICC, explicitly states that apartheid constitutes a crime against humanity. This framework was designed to ensure that perpetrators of egregious violations are brought to justice, regardless of their political influence or the support they may receive from powerful allies. The failure to submit the arrest warrant applications for Ben-Gvir and Smotrich, particularly in light of the unprecedented external pressures—such as the threat of U.S. sanctions—reflects the ongoing struggle to uphold international norms against state complicity in oppression.
As concerned citizens, Americans can take meaningful action to support accountability and justice in this context. Firstly, raising awareness about the implications of U.S. foreign policy is crucial. The United States has historically provided significant military and financial support to Israel, and this relationship has often been a barrier to justice for Palestinians. By engaging in discussions that highlight the potential consequences of U.S. sanctions on international legal proceedings, individuals can encourage a reevaluation of the U.S. stance on the Israeli-Palestinian conflict. This includes advocating for a foreign policy that prioritizes human rights and international law over geopolitical alliances.
Moreover, grassroots movements and organizations that focus on advocating for Palestinian rights play a pivotal role in amplifying calls for justice. Supporting these organizations not only provides them with the necessary resources to continue their work, but it also strengthens the collective voice demanding accountability for alleged war crimes. Engaging in campaigns that push for divestment from companies that profit from the occupation or that contribute to human rights violations can be a powerful way to exert pressure and demonstrate solidarity with those affected by the conflict.
Educational initiatives also hold significant potential for fostering a more informed public discourse around these issues. By promoting resources, documentaries, and literature that detail the historical and political contexts of the Israeli-Palestinian conflict, individuals can equip themselves with knowledge that counters prevailing narratives. This educational endeavor can illuminate the systemic nature of the oppression faced by Palestinians and the implications of international law, thereby empowering individuals to engage more effectively in conversations with those who may hold differing viewpoints.
In conclusion, the report regarding the unsubmitted arrest warrant applications against Ben-Gvir and Smotrich serves as a critical reminder of the importance of accountability in the face of alleged human rights abuses. As Americans, we have a responsibility to advocate for a foreign policy that aligns with the principles of justice and human rights. By raising awareness, supporting grassroots movements, engaging in educational initiatives, and fostering discourse that challenges prevailing narratives, we can contribute to a more just future for all people affected by this enduring conflict. The potential prosecution of apartheid charges at the ICC is not just a legal matter; it is a moral imperative that demands our attention and action.
The situation described in the article regarding the potential prosecution of Israeli ministers for apartheid charges highlights urgent issues related to human rights, accountability, and international law. As individuals concerned about these matters, there are several actions we can take to advocate for justice and support efforts aimed at holding perpetrators accountable. Here’s a detailed list of ideas and concrete actions we can undertake:
### Personal Actions:
1. **Educate Yourself and Others:** - Read about international law, the Rome Statute, and cases of apartheid globally. - Share articles, documentaries, and educational resources on social media and community forums to raise awareness.
2. **Support Human Rights Organizations:** - Donate to or volunteer with organizations that focus on human rights, such as Human Rights Watch or Amnesty International, which often campaign for accountability and justice in conflict zones.
3. **Engage in Local Advocacy:** - Attend local events, discussions, or demonstrations focused on human rights and international justice. - Organize or participate in educational workshops to inform your community about issues related to the ICC and international law.
### Specific Actions:
1. **Petitions:** - **Petition for ICC Action:** - **Create or sign petitions** urging the ICC to submit the arrest warrant applications against Ben-Gvir and Smotrich. Websites like Change.org or Care2 can be effective platforms for creating such petitions. - Example phrasing: "We call upon the International Criminal Court to submit the finalized applications for arrest warrants against Israeli ministers Ben-Gvir and Smotrich to ensure accountability for crimes against humanity and apartheid."
2. **Contacting Officials:** - **Write to ICC Officials:** - **Nazhat Shameem Khan, Deputy Prosecutor** - Email: [info.icc@icc-cpi.int](mailto:info.icc@icc-cpi.int) (Use general ICC email for inquiries) - Address: International Criminal Court Oude Waalsdorperweg 10 2597 AK The Hague Netherlands
- **Write to Your Elected Representatives:** - Contact your local congressional representatives or senators. You can find their contact information on their official websites. - Example email template: ``` Subject: Urgent Action Needed on ICC Prosecutions
Dear [Representative/Senator Name],
I am writing to express my deep concern regarding the ongoing situation of apartheid in Israel and the internationally recognized crimes committed by certain Israeli ministers. I urge you to support measures that protect the independence of the International Criminal Court, oppose any sanctions against its officials, and advocate for accountability regarding alleged apartheid and war crimes.
Thank you for your attention to this critical issue.
Sincerely, [Your Name] [Your Address] ```
3. **Social Media Campaigns:** - Utilize platforms like Twitter, Instagram, and Facebook to raise awareness. Use hashtags such as #ICCJustice, #EndApartheid, and #HumanRights for wider reach. - Tag relevant organizations and ICC officials to amplify your message.
4. **Host Community Events:** - Organize discussions or film screenings related to the Israel-Palestine conflict and international law. - Invite speakers who are knowledgeable about the ICC and human rights law to foster a deeper understanding of the issues at hand.
5. **Engage with Local Media:** - Write op-eds or letters to the editor for local newspapers regarding the need for accountability in international law, focusing on the ICC’s role. - Share personal stories or testimonies from those affected by the conflict, amplifying voices that often go unheard.
### Conclusion:
By taking these actions, we can collectively advocate for justice and accountability on the international stage. Every effort, no matter how small, contributes to a broader movement for human rights and the rule of law. Through education, advocacy, and persistent engagement, we can influence change and support those working tirelessly to uphold justice globally.