Israel has raised concerns about potential bias regarding a newly appointed International Criminal Court (ICC) judge who will help decide whether to issue an arrest warrant for Prime Minister Benjamin Netanyahu, Reuters reported on Wednesday.
This development could extend the timeline of the case, which began when the ICC's chief prosecutor, Karim Khan, sought arrest warrants in May targeting Netanyahu, then-Defense Minister Yoav Gallant, and three Hamas leaders over the conflict in Gaza.
The ICC judges' ruling has been delayed by multiple legal challenges from Israel disputing the court's authority. The process faced another setback when Romanian judge Iulia Motoc stepped down from the three-judge panel last month citing health issues. She was replaced by Slovenian ICC Judge Beti Hohler.
The Israeli Attorney General's office released a statement challenging Hohler's appointment. According to the November 11 statement, viewed by Reuters, they noted Hohler's previous employment with the Office of the Prosecutor before becoming an ICC judge in December 2023.
"Israel respectfully requests that judge Beti Hohler provide information to clarify whether there are (or are not) grounds to reasonably doubt her impartiality," the statement said.
"Israel does not suggest that judge Hohler's previous employment with the OTP necessarily or automatically gives rise to a reasonable apprehension of a lack of impartiality." However, it noted that "judges of this Court have acknowledged that previous duties within the OTP may, depending on the circumstances, give rise to a reasonable apprehension of bias," it continued.
While the ICC operates without strict timelines, previous arrest warrant requests have typically been resolved within approximately three months.
In August, Khan pressed the pretrial chamber to issue an urgent decision, reaffirming that the court has jurisdiction to investigate Israeli citizens. More recently, he urged the judges to expedite the decision.
Since Israel is not a member of the ICC, even if arrest warrants are issued, Netanyahu and Gallant are not at immediate risk of prosecution but the threat of arrest could complicate their international travel.
Meanwhile, Khan himself is facing an external probe into alleged misconduct. The 54-year-old prosecutor faces allegations of inappropriate behavior toward a staff member, which he strongly disputes.