THE HAGUE, 18 Oct. - (ANA) - International Criminal Court (ICC) spokesperson Fadi El Abdallah has said that the current investigation into ICC Prosecutor Karim Ahmad Khan does not invalidate the arrest warrants issued by the Court against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

 

Speaking to The New Arab's sister site Al-Araby Al-Jadeed in Doha on the sidelines of last week's International Conference on the Protection of Journalists in Armed Conflicts, Abdallah said that judicial proceedings were ongoing, and that Israel had filed an appeal against the arrest decisions, though no date had yet been set to consider it.

 

Prosecutor Karim Khan was placed on leave from his duties in May pending an investigation into alleged sexual misconduct. The ICC's Office of the Prosecutor later announced that Khan had decided to step aside temporarily as the United Nations neared completion of its inquiry into the allegations.

 

Regarding the killing of more than 254 journalists in the Gaza Strip by Israeli occupation forces during two years of war, Abdallah said the ICC alone was authorised to determine whether such acts constitute crimes against humanity.

 

He noted that under international law, journalists in conflict zones were considered civilians and must be protected.

 

 

Abdallah was born in Tripoli, Lebanon in 1967, and currently serves as the spokesperson for the ICC in The Hague, after previously working as a writer, lawyer, and music critic.

 

Al-Araby Al-Jadeed sat down with him for an interview.

 

Q. What is the status of the ICC's arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, accused of committing genocide against the Palestinian people, following the suspension of Prosecutor Karim Ahmad Khan?

 

A. Arrest warrants have been issued by the ICC, and legal proceedings remain ongoing, including the appeal filed by Israel, which has not yet been decided upon by the judges who are currently reviewing it. I should clarify that the Office of the Prosecutor continues to function even though the prosecutor himself is on administrative leave. Two deputy prosecutors are managing the work, and the prosecutor's absence does not affect the case, which is still in progress.

 

Q. Has the Court set a date to consider Israel’s appeal against the arrest warrants?

 

A. No, a date has not yet been set for the decision or for the hearing of the appeal. The investigations are continuing, the judges have issued the arrest warrants, and the suspension of the prosecutor does not mean that the warrants have been revoked.

 

Q. How do you respond to the fact that no country has yet enforced the ICC’s arrest orders against Netanyahu and Gallant?

 

A. There is a legal obligation on states that are parties to the Rome Statute to cooperate with the ICC, including the execution of arrest warrants. If any of these states believes it has grounds preventing it from carrying out an arrest, it must submit a request to the Court’s judges seeking exemption from enforcement. Member states do not have the authority to decide on their own whether to implement an arrest order or not; that decision lies solely with the Court's judges.

 

When we look at the experience of the ICC and previous international courts, one important fact stands out: international crimes do not expire with time. This means that ICC arrest warrants remain valid indefinitely, unless the judges themselves decide to withdraw them for legitimate legal reasons.

 

If circumstances prevent the arrest of a wanted person, for instance, if they are in hiding or protected by political or military immunity, such conditions may eventually change. There have been arrest warrants executed ten or fifteen years after being issued. International justice remains determined to pursue accountability, no matter how long it takes.

 

 

Q. Israeli occupation forces have killed more than 254 journalists during the genocidal war waged against the Palestinian people in the Gaza Strip. Who has the authority to prosecute the killers of journalists?

 

A. Under any ratified law, there are institutions mandated to enforce it, and the ICC is usually the last resort for such crimes. The primary responsibility for prosecuting the killers of journalists lies with the national judiciary of the states concerned. If the national courts fail to pursue those responsible, the ICC can intervene, provided certain conditions are met. These include the Court’s jurisdiction, the gravity of the crimes and their impact on societies, and the principle of complementarity between national and international justice systems.

 

Q. Who can submit a request to the ICC to prosecute the perpetrators?

 

A. An investigation is already open before the ICC regarding crimes committed on Palestinian territory, which falls within the Court's jurisdiction. The ICC has issued arrest warrants and continues to conduct investigations. Only the Office of the Prosecutor can submit requests to the judges to issue arrest warrants.

 

Any person, entity, or organisation possessing information about specific crimes should contact the Office of the Prosecutor. Ultimately, it is up to the Court to decide whether to examine such cases and whether they meet the required legal criteria, with a focus on the most serious and grave crimes, particularly as the Court’s resources are limited.

 

Q. Has any party submitted a request to the ICC to investigate the killings of journalists?

 

A. That is a question I cannot answer. Any such communication must be directed to the Office of the Prosecutor. I work with the Court itself, not with the Prosecutor’s Office. Such exchanges are typically confidential unless the party that provided the information chooses to make it public. The principle is that investigations should remain confidential, both to protect those providing information and to preserve the integrity of the investigative process.

 

Q. Do the crimes committed against Palestinian journalists constitute war crimes or genocide?

 

A. Under international law, journalists are protected as civilians in armed conflicts. Therefore, if the legal requirements are met in terms of jurisdiction, subject matter, complementarity, and the seriousness and gravity of the crimes, they could indeed be classified as war crimes or crimes against humanity.

 

I cannot make a legal determination on a matter that has not been formally brought before the Court. If such a case is filed, it is for the judiciary to examine the evidence and decide whether the legal definition of a war crime or a crime against humanity applies.

 

 

Here, we are speaking about the legal framework that provides protection for journalists and, more broadly, the framework that guarantees the protection of civilians in conflict zones.

 

Q. Can a relative of a journalist killed in Gaza file a case with the International Criminal Court against the Israeli occupation government?

 

A. An individual cannot directly initiate a case before the ICC. However, they can contact the Office of the Prosecutor to share any information they possess. The prosecutor then investigates the information and decides whether there is sufficient basis to open a formal case before the Court.

 

Q. Are existing international laws and conventions sufficient to protect journalists, or is there a need for new legislation?

 

A. The laws and conventions already exist, but they can always be strengthened, refined, and improved. In my view, the most important issue is not creating new laws but reinforcing the institutions responsible for enforcing them, such as international courts, and enhancing cooperation in the field of international law to ensure the implementation of their decisions.

 

That does not preclude the need to explicitly include the protection of journalists in international statutes to improve them. Currently, international law provides general protection for civilians, but it does not contain a specific clause addressing journalists. Such an article could be added to the Rome Statute, which already explicitly protects peacekeeping forces in conflict zones.

 

However, as I said, the key priority is ensuring that the institutions tasked with enforcing these laws and conventions receive sufficient international support to carry out their mandates.   - (ANA) -

 

AB/ANA/18 October 2025 - - -