Smotrich and Ben-Gvir respond to the International Criminal Court

Current and former officials at the International Criminal Court reported that the court’s chief prosecutor, Karim Khan, was preparing to request arrest warrants for two members of the far-right Israeli government before going on leave while the United Nations investigates allegations against him.

Officials said the cases against Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben-Gvir center on their roles in expanding settlements in the West Bank, according to the Wall Street Journal.

They also noted that prosecutors at the International Criminal Court are examining whether Smotrich and Ben-Gvir committed war crimes by encouraging the construction of Jewish settlements in the West Bank, while the Geneva Conventions prohibit states from transferring their populations to occupied territory.

They added that prosecutors are also investigating other Israeli officials for their role in expanding those settlements.

They also made it clear that the decision to pursue the cases rests with Khan’s deputies, and it is unclear how they intend to proceed.

This comes as some officials and legal experts doubt the court will proceed without the chief prosecutor in office, given the political risks such a prosecution could entail.

Moving forward would also escalate the conflict between the International Criminal Court and Israel, expanding its scope beyond the Gaza war, which prompted the court to issue an arrest warrant for Prime Minister Benjamin Netanyahu last year.

The new arrest warrants are also likely to exacerbate tensions with the United States, potentially prompting new sanctions from Washington.

The court stated that it was tasked with investigating crimes committed in the Palestinian territories since 2014, when the Palestinian Authority accepted the jurisdiction of the International Criminal Court.

Israel argues that the ban doesn’t apply to the West Bank, because this area wasn’t legally part of another state when the Israeli military took control of it in the 1967 Six-Day War, and therefore isn’t occupied according to the definition in international law.

While the International Court of Justice, the highest court of the United Nations, considers Israeli settlements in the West Bank illegal.

Smotrich and Ben-Gvir also advocated for expanding Israel’s control over the West Bank.

Both men live in settlements in the West Bank and demand that Israel seize all of its territory.

The court is also considering the cases filed against the two ministers at a time when the institution is experiencing difficult political circumstances.

The court’s arrest warrants issued last year against Netanyahu and his former defense minister, Yoav Gallant, over their handling of the war in Gaza, drew condemnation from the United States, and the Trump administration-imposed sanctions on Khan.