The “Legal Department of the Democratic Front for the Liberation of Palestine” has closely followed the credible reports concerning the completion of arrest warrant files against the Israeli occupation’s Minister of National Security, Itamar Ben-Gvir, and Minister of Finance, Bezalel Smotrich. These files relate to crimes of apartheid and grave breaches of international humanitarian law, and indicate that the Prosecutor of the International Criminal Court, Karim Khan, had finalized their preparation before going on leave in May 2025, with only their formal submission to the Court’s judges remaining. However, his deputies – Nazhat Shameem Khan and Mame Mandiaye Niang – have not yet proceeded with submitting the requests, amid leaks suggesting they are facing direct U.S. pressure and threats of sanctions.
The “Legal Department of the Democratic Front” affirms that, if these warrants are submitted and approved by the Pre-Trial Chamber, this would constitute the first international trial in history on charges of apartheid against senior Israeli officials. It notes that Khan had already begun preparations to issue arrest warrants against the two ministers due to their growing support for settlement and displacement policies, but his leave temporarily halted the process, leaving responsibility in the hands of his deputies, who are now facing unprecedented political challenges and pressures. Accordingly, we emphasize the following:
First: On the legal nature of the crimes:
The crimes attributed to Ben-Gvir and Smotrich are proven and well-documented, and include:
• Public incitement to the forcible transfer of Palestinians, which falls under Article 7(1)(d) of the Rome Statute (crime of forcible transfer).
• Systematic settlement expansion, in clear violation of Article 49 of the Fourth Geneva Convention, and considered a war crime under Article 8(2)(b)(viii) of the Rome Statute.
• Apartheid and systematic discrimination, which constitute a crime against humanity under Article 7(1)(j) of the Rome Statute and the International Convention on the Suppression and Punishment of the Crime of Apartheid of 1973.
• Participation in genocide against the Palestinian people in the Gaza Strip, which falls under Article 6 of the Rome Statute.
Second: On political pressures:
The obstruction of submitting these warrants due to U.S. and Western threats of sanctions against the International Criminal Court represents a grave violation of the independence of international justice, and falls within the scope of obstructing the administration of justice as outlined in Article 70 of the Rome Statute.
Third: On international responsibility:
• We call on the Office of the Prosecutor to expedite the submission of the warrants to the Pre-Trial Chamber, in compliance with its duty under Article 54 of the Rome Statute.
• We call on the States Parties to protect the Court from external interference, in accordance with Article 86 of the same Statute.
• We urge human rights organizations and the international community to intensify pressure to ensure the principle of accountability and prevent impunity, a principle that lies at the core of international justice.
Conclusion:
Any attempt to freeze or conceal these warrants would amount to a condemnation of international justice itself, and a reinforcement of double standards. The hour of accountability for war criminals has come, and neither threats nor political pressures will succeed in halting the course of justice or silencing the voices of the victims. The Palestinian people, together with the free peoples of the world, await the moment when these files are presented to the judges, to prove that the International Criminal Court is indeed an instrument of justice and not a hostage to the great powers.