Amit Becher, the head of the Israel Bar Association, submitted a legal opinion to the International Criminal Court (ICC) in The Hague, defending Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant amid discussions about potential arrest warrants against them.
In his letter, Becher emphasized that Israel’s legal system is both capable of and obligated to investigate any allegations that arise. He noted that some of the cases mentioned by ICC Prosecutor Karim Khan in the arrest warrant request are already under investigation in Israel.
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Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant
(Photo: Noam Revkin-Fenton)
"Israel's legal system is robust," Becher wrote, elaborating on its independence. He highlighted that the Israeli Supreme Court is currently hearing a petition related to the humanitarian situation in the Gaza Strip. Additionally, he underscored that the military's legal counsel operates independently from the chain of command and ensures that IDF adheres to international law.
Becher emphasized that soldiers are required to report any suspicions of misconduct, and victims of offenses committed by soldiers can file complaints. He also pointed out that 74 investigations related to the ongoing conflict are currently underway.
In his letter, Becher also described the Israeli civilian prosecution system, noting that it has prosecuted sitting ministers, including a prime minister and a former president, some of whom were convicted and even imprisoned.
Becher urged the ICC to "respect the Israeli legal system" and allow it to address any alleged crimes related to the war independently. "Israel’s judicial system, like that of any democratic nation, is founded on the principles of the rule of law and is committed to ensuring that the law is enforced fairly and objectively," he stated.
"The Israeli Supreme Court maintains broad jurisdiction, including over matters related to government and military policy," Becher added. "It acts swiftly and in real-time, ensuring judicial oversight of government and military actions even during armed conflicts. The decisions made in this context may be directly relevant to proceedings at the International Criminal Court."