Dutch prosecutors mull charges against Israel over ICC interference, espionage

Prosecutors in the Netherlands are considering a request to initiate a criminal case against senior Israeli intelligence officials for allegedly obstructing an investigation by the International Criminal Court (ICC), as reported by UK news outlet The Guardian. 

Last week, a group of 20 complainants, predominantly Palestinian, submitted the request, urging the Dutch prosecution service to investigate claims that Israel attempted to undermine the ICC's inquiry into alleged crimes in the occupied Palestinian territories.  

The allegations were primarily based on reports from The Guardian, Israeli-Palestinian publication +972 Magazine, and the Hebrew-language outlet Local Call, which highlighted Israeli intelligence's efforts to influence and intimidate the ICC chief prosecutor's office over nine years. 

According to The Guardian’s latest report, a spokesperson for the Dutch prosecution service has since confirmed that the complaint has been received and was under review. 

"The complaint has been received … and will be studied," the Dutch prosecution service said in a statement. 

The criminal complaint calls on Dutch authorities to urgently fulfil their obligations to the ICC, as stated in excerpts from the filing.  

The complainants' lawyers contended that Israel’s numerous attempts to obstruct the investigation represent a direct violation of their client's right to justice. 

They asserted that Israel’s espionage against the ICC might involve breaches of Dutch criminal law, as well as violations of Article 70 of the Rome Statute, the treaty that established the ICC.  

The lawyers have also urged prosecutors to target senior members of the Israeli security apparatus for their alleged involvement in potentially criminal activities within the Netherlands. 

Israel’s embassy in the Netherlands did not immediately respond following the latest development. 

However, a spokesperson for the Israeli prime minister's office previously stated that the report included “unfounded allegations intended to harm the state of Israel.”  

The initial report reported by several outlets indicated that Israeli secret services intercepted communications between ICC staff and potential witnesses, informants, and NGOs. 

It also claimed that Yossi Cohen, the former head of the Israeli secret service, pressured former ICC prosecutor Fatou Bensouda to cease her investigation into Israel. 

Informants alleged that these actions caused "irreparable damage" to the ICC's investigation, which began in 2015 when Bensouda launched a preliminary inquiry into the situation in Gaza and the West Bank, including East Jerusalem.  

This inquiry prompted Israel to allegedly commence its covert campaign against the court.  

Earlier this year, the Dutch government expressed concerns about these developments to Israel's ambassador in the Netherlands.