ICC: 70 states, groups to file amicus briefs over Israel, Hamas arrest warrant requests
n a step that will hold up proceedings in the International Criminal Court (ICC) against Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders, the court accepts the request of 70 states, organizations and individuals to file amicus briefs regarding the decision of ICC Prosecutor Karim Khan to seek arrest warrants against those leaders for alleged crimes against humanity and war crimes.
The measure means that a final decision by the ICC to grant, or reject, the arrest warrants will be significantly delayed. It also indicates that the court has concerns about its jurisdiction over the case and its admissibility, raising the possibility that the request for arrest warrants may even be rejected by the pre-trial chamber overseeing the case.
Previous cases have, however, also seen significant delays between the request for warrants and their issuance, such as the eight months it took between the request for an arrest warrant against former Sudanese leader Omar al-Bashir in July 2008 and the decision of the pre-trial chamber to approve it in March 2009.
The deadline to file the briefs is August 6, but the large number of briefs which the court’s Pre Trial Chamber I will have to review means that a decision on issuing the warrants will now be significantly delayed.
Prof. Yuval Shany of Hebrew University’s Faculty of Law, who was given permission by the court to submit an amicus brief together with Prof. Amichai Cohen of the Israel Democracy Institute, says the court’s decision is an “unusual step” that is rarely taken at such a stage of proceedings, and likely indicates the court’s concerns over the jurisdiction and admissibility issues.
Other parties granted permission by the pre-trial chamber to file amicus briefs who will likely be supportive of Israel’s position include Germany, which has flagged concerns about the admissibility of the case; the US; Argentina; US Senator Lindsey Graham; the Israel Bar Association; the International Association of Jewish Lawyers and Jurists; and a group of organizations which include UK Lawyers for Israel, B’nai B’rith UK, the International Legal Forum, the Jerusalem Initiative and the Simon Wiesenthal Center.
Numerous parties hostile to Israel’s position have also been given permission to file briefs, including South Africa, Ireland, Bangladesh, and Spain.
Khan filed his request for arrest warrants in May due to crimes he alleged had been committed during the October 7 atrocities committed by Hamas and the subsequent war in Gaza conducted by Israel against the terror organization.
Source
https://www.timesofisrael.com/liveblog_entry/icc-70-states-groups-to-file-amicus-briefs-over-israel-hamas-arrest-warrant-requests/