A recent joint investigation by Israeli media and the British newspaper The Guardian has unveiled Israel's nine-year covert operation aimed at obstructing the International Criminal Court's (ICC) investigation into alleged war crimes in the Palestinian territories. The report, released on Tuesday, sheds light on the extensive measures taken by Israeli intelligence agencies to undermine the ICC's efforts.

Surveillance and Hacking

Israeli intelligence agencies, including the Shin Bet and the Military Intelligence Directorate, conducted extensive surveillance on ICC prosecutors, intercepting their telephone calls, mobile communications, and emails. Both the current prosecutor, Karim Khan, and his predecessor, Fatou Bensouda, were targeted. This allowed Israel to gain advance knowledge of potential ICC actions, including possible arrest warrant applications against Israeli leaders.

Additionally, communications between ICC officials and Palestinians were hacked, providing Israel with critical information to counter the ICC's investigations.

Intimidation and Threats

The investigation revealed instances of intimidation and threats against ICC staff. Former Mossad chief Yossi Cohen personally contacted and met with Bensouda, initially appearing friendly but later becoming threatening, causing Bensouda to fear for her personal safety. There are also allegations that Israel gathered confidential information about Bensouda's family members and shared it with Western diplomats to discredit her.

Back-Channel Diplomacy

Israel engaged in back-channel diplomacy led by Tal Baker, an Israeli lawyer and diplomat, under the authorization of Prime Minister Benjamin Netanyahu. These meetings aimed to challenge the ICC's jurisdiction over the Palestinian territories and present legal arguments against possible trials. Intelligence gathered from surveillance was used to inform Israel's legal strategies during these interactions.

International Cooperation and Pressure

The investigation also highlighted Israel's collaboration with the United States to counter the ICC's investigations. Both countries employed diplomatic efforts and economic sanctions to prevent the ICC from proceeding with its investigations. The Trump administration imposed sanctions on ICC officials, citing political motivations behind the investigations, particularly concerning U.S. troops' actions in Afghanistan.

ICC's Response and Ongoing Investigation

The ICC was aware of the surveillance and took measures to protect its investigative information. Despite the pressures, current prosecutor Karim Khan has pursued arrest warrants against Israeli and Hamas leaders for war crimes and crimes against humanity, emphasizing the ICC's commitment to impartiality and adherence to humanitarian law.

Implications and Ethical Considerations

The findings of Israel's covert campaign against the ICC highlight the challenges international institutions face in holding perpetrators of atrocities accountable in conflict zones. The revelations raise questions about the ethical and legal boundaries of state intervention in judicial processes and underscore the complexities of pursuing international justice amidst geopolitical interests.