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ICC took no steps to withdraw Netanyahu arrest warrant, deputy prosecutor says

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ICC took no steps to withdraw Netanyahu arrest warrant, deputy prosecutor says

Submitted by MEE staff on Tue, 09/22/2026 - 15:04 Nazhat Shameem Khan says case remains active and work is continuing ‘unabated’ despite US sanctions Deputy Prosecutor of the International Criminal Court (ICC), Nazhat Shameem Khan waits to hear the verdict of the ICC for Ali Muhammad Ali Abd al-Rahman, a Sudanese national, The Hague, on December 9, 2025. Deputy Prosecutor of the International Criminal Court, Nazhat Shameem Khan attends a hearing in The Hague, on 9 December 2025 (AFP/file photo) Off

The International Criminal Court (ICC) has taken no steps to withdraw arrest warrants or related applications concerning Israeli officials, despite mounting pressure and sanctions from the United States, Deputy Prosecutor Nazhat Shameem Khan has said.

“The case is still proceeding,” Khan told CNN in a weekend interview.

“We have taken no steps to try and withdraw any of those arrest warrant applications or the arrest warrants themselves, and the team continues to investigate in that situation.”

The ICC issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and his then defence minister, Yoav Gallant, over alleged war crimes and crimes against humanity committed in Gaza since October 2023.

Since then, the US has imposed sanctions on most of the court's leadership, including the former chief prosecutor Karim Khan, the two deputy prosecutors, and nine judges including the court's president. 

Israel has also taken steps to challenge the warrants at the ICC. Two appeals remain in progress, including one challenging the court's jurisdiction over Israeli nationals because Israel is not a member of the court. 

Meanwhile, Middle East Eye has reported that the prosecutor’s office had pursued further cases against senior Israeli officials over the past two years.

In May, MEE reported that the prosecutor’s office had filed a confidential application seeking arrest for Israel’s Finance Minister Bezalal Smotrich over alleged crimes committed against Palestinians in the occupied West Bank.

The charges included forced displacement as both a war crime and crime against humanity, transferring Israel’s civilian population into occupied territory as a war crime, and persecution and apartheid as crimes against humanity.

An evidence review had also been held to consider two further applications, including one targeting National Security Minister Itamar Ben Gvir.

'We have trials in court'

Khan’s comments came amid an escalating campaign by the administration of US President Donald Trump against the Hague-based court.

US Secretary of State Marco Rubio announced in July that Washington would use every tool at its disposal to “dismantle the ICC – brick by brick, if necessary”, while urging member states to withdraw their support for the institution.

In other press statements, Rubio also described the court as a “stupid organisation” run by “lunatics and crazies”, and warned that it would face consequences for attempting to exercise jurisdiction over American nationals.

Trump's 'sweeping' ICC sanctions over Netanyahu arrest warrant are imminent: Reports Read More »

Khan said the court remained grounded in the Rome Statute, its founding treaty, which was adopted through the sovereign decisions of its member states after decades of negotiations.

“The work of the court continues unabated,” she said.

“We have trials in court. We have a trial scheduled for November of this year and one for next year. We have, in the course of the last year, seen convictions in two major trials, and we continue to conduct our investigations and our prosecutions, and appear in court on a regular basis, regardless of these events.”

Established in 2002, the ICC is the only permanent international court with the jurisdiction to prosecute senior officials for war crimes, crimes against humanity, genocide and the crime of aggression. 

In addition to the Palestine investigation, the court has more than a dozen active situations, including Ukraine, Darfur, Libya and Afghanistan.

Khan acknowledged that the court and its staff were operating under considerable pressure.

“The nature of the work that we do means that we inevitably will face pressure of all sorts to try and toe a political line, for instance, or to take a different position on the charging of accused persons, or to follow a path in investigation and prosecution,” she said.

“So, indeed, we do feel pressure, but, as I’ve said, the dedication of our staff is extraordinary, and they continue to do their work.”

Washington sanctioned Khan and fellow Deputy Prosecutor Mame Mandiaye Niang in August 2025, alongside two ICC judges. The sanctions froze any US-based assets they held and prohibited American individuals and companies from providing them with funds, goods or services. 

Describing the personal consequences, Khan said sanctioned officials could lose access to banks and have their credit cards revoked, while financial transactions in Europe could be restricted to the Single Euro Payments Area.

'We do feel pressure, but, as I’ve said, the dedication of our staff is extraordinary, and they continue to do their work'

- Nazhat Khan, ICC deputy prosecutor

Other service providers, including health insurance companies, might also sever ties, she said, while family members could be prevented from entering the US.

“I was never given any reasons for the sanctioning,” Khan said. “However, I believe it was because I am a deputy prosecutor at the Office of the Prosecutor.”

The Trump administration is now reportedly preparing broader sanctions against the ICC as an institution, potentially cutting it off from dollar transactions and hitting its access to banking, insurance and technology services. 

Despite the pressure, Khan said she remained hopeful about the future of international law.

“The work that we do for victims, the fact that we continue to hear their voices stridently, with so much sincerity – they believe in this court,” she said.

“For them, this provides an avenue of justice that may not necessarily be provided in many courts around the world.

“Every single member of this court works for humanity,” she added, “and there can be nothing better than that.”

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Source: Middle East Eye