One of three judges weighing the ICC’s request for arrest warrants against Netanyahu and others will be replaced

THE HAGUE, Netherlands – The presiding judge of an International Criminal Court panel reviewing a request to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his defense minister and senior Hamas leaders has been replaced on medical grounds.

The court published a decision on Friday granting a request from Romanian judge Iulia Motoc to withdraw the case from proceedings on medical grounds and the need to ensure the proper administration of justice.

No further details were set out or disclosed in the ruling, as “Judge Motoc’s personal medical situation is entitled to medical confidentiality.”

Motoc was replaced by Beti Hohler, a Slovenian who was elected as a judge at the court last year after previously serving as a litigator in the court’s prosecutor’s office.

The decision is likely to further delay the decision on the application by the court’s chief prosecutor, Karim Khan.

In his request for arrest warrants in May, Khan accused Netanyahu, Israeli Defense Minister Yoav Gallant and three Hamas leaders – Yahya Sinwar, Mohammed Deif and Ismail Haniyeh – of war crimes and crimes against humanity in Gaza and Israel.

Netanyahu called the prosecutor’s allegations against him a “disgrace” and an attack on the Israeli military and all of Israel.

US President Joe Biden called the request for arrest warrants against Netanyahu and Gallant “outrageous” and added: “Whatever this prosecutor may suggest, there is no equivalence – none – between Israel and Hamas.”

Hamas also condemned the ICC prosecutor’s actions, saying that calling for the arrest of its leaders “equates the victim with the executioner.”

Since the request, it has been confirmed that Sinwar and Haniyeh were killed. Israel has claimed to have killed Deif, but Hamas said he survived.

Because Israel is not a member of the court, Netanyahu and Gallant face no immediate risk of prosecution even if the arrest warrants are issued. But the threat of arrest could make it difficult for Israeli leaders to travel abroad.

On October 7, 2023, Hamas-led militants stormed southern Israel, killing about 1,200 people, mostly civilians, and kidnapping another 250. About 100 hostages remain in the Gaza Strip, a third of whom are believed to be dead.

According to the Gaza Health Ministry, over 42,000 Palestinians have been killed in Israel’s retaliatory offensive. Gaza’s health ministry did not say how many were combatants, but said more than half of those killed were women and children. The Israeli military says it has killed over 17,000 militants without providing evidence.

The Israeli campaign has since expanded into Lebanon, where Israel launched a ground invasion on October 1 after engaging in firefights with the militant Hezbollah group for much of the past year.

Friday’s Motoc announcement came as independent allegations emerged that Khan tried to force a female assistant into a sexual relationship for more than a year and groped her against her will. He categorically denied the allegations and said that “the suggestions of wrongdoing are not true.” Court officials said they may have been created as part of a smear campaign by Israeli intelligence.

A court watchdog found no wrongdoing but asked Khan in a memo to minimize contact with the woman to protect the rights of all involved and preserve the integrity of the court.