The government of Israel has allegedly spied on and pressured senior officials at the International Criminal Court for nearly a decade, aiming to undermine and obstruct investigations. This claim surfaces in a Tuesday report by The Guardian in collaboration with Israeli outlets +972 and Local Call. The investigation asserts that Israel deployed its security and intelligence apparatus to intercept phone calls, messages, emails, and documents that could reveal the court’s intentions, including potential arrest warrants against top Israeli figures. These surveillance activities were reportedly overseen directly by Prime Minister Benjamin Netanyahu.
The spy effort reportedly targeted the office of ICC Prosecutor Karim Khan, as well as his predecessor Fatou Bensouda. The report indicates that Khan planned to request arrest warrants for Netanyahu and Hamas leaders, a move that was ultimately executed last week, but was allegedly met with heavy American pressure to refrain from taking such steps, according to intercepted communications. Bensouda is said to have been spied on during her tenure, and sources describe a declared “war” that began in 2015 involving former Mossad chief Yossi Cohen and former U.S. president Donald Trump.
“Diplomatic Terrorism”
The decision to recognize Palestine as a non-member state and its subsequent inclusion in the ICC in January 2015 were viewed by some Israeli officials as a form of diplomatic aggression, a line in the sand that represented perhaps the most forceful diplomatic move by the Palestinian Authority up to that point. Palestine’s entry expanded the court’s jurisdiction, making all crimes committed on Palestinian territory subject to ICC scrutiny. The ICC subsequently opened a preliminary investigation into Israel, prompting the court to bolster security measures for its personnel and investigations.
Despite efforts to shield its operations, the Israeli government allegedly mobilized intelligence services to monitor communications between Bensouda and Palestinian Authority officials. Some sources quoted in the investigation describe Netanyahu as fixated on the intercepted messages. A source close to Israel’s intelligence activities describes attempts to monitor conversations involving Palestinian informants, sealed documents, and witness statements in court.
Security Measures
ICC members say they were aware of intelligence activity by states opposed to their investigations and that protective steps were being taken to safeguard the integrity of the process. At present, officials say none of these interferences have compromised evidence collection or disrupted the court’s functioning, according to a spokesman cited by The Guardian. Yet other sources in the report suggest that the Israeli government benefited from spying to anticipate or influence court actions and to deter future inquiries. Pressures to avoid arrest warrants against senior leaders have been ongoing.
Asked about the allegations, the Israeli government has denied spying or attempts to destabilize the ICC. “The questions we have received are filled with unfounded accusations intended to harm the state of Israel,” stated a spokesperson for the prime minister’s office. The Israeli Defense Forces have echoed this denial, saying they have not conducted, and will not conduct, surveillance operations against the ICC.
The revelations highlight a broader debate about how national security interests interact with international legal processes. They raise questions about the extent to which powerful states will go to influence or obstruct international investigations, and how international bodies can safeguard their independence when faced with political pressure. While the ICC continues its work, the reported episodes underline the persistent tensions between state sovereignty and international accountability.