3 Takeaways from the ICC Prosecutor's Visit to Israel and Palestine

Expect Indictments Soon

An image released by ICC Prosecutor Karim Khan’s office shows him visiting the makeshift memorial at the site of the Nova Music Festival, where Hamas killed hundreds on October 7

For the first time ever, the top prosecutor of the International Criminal Court set foot in Israel and Palestine. Karim Khan was invited to Israel by the surviving victims of the October 7th attacks, including family members of hostages held by Hamas. In Israel, he toured sites of the Hamas attacks and met directly with the families of hostages. In the West Bank, he met with the senior leadership of the Palestinian Authority.

It was a remarkable trip for the fact that the Israeli government allowed it to happen in the first place.

The State of Israel is not a member of the International Criminal Court, but the State of Palestine is. Israel rejects the ICC’s claims of jurisdiction in Palestine, arguing that the “The State of Palestine” is not a sovereign entity capable of entering international treaties like the ICC. Netanyahu, in particular, has long been hostile to the ICC. At one point he called a potential ICC of investigation of Israeli war crimes “the essence of anti-Semitism and the essence of hypocrisy."

Nonetheless, the ICC is proceeding with an investigation that includes alleged crimes committed by Israelis in Palestine and by Palestinians in Israel. And it was to the latter end that October 7th victims and hostage families sought Karim Khan’s presence in Israel.

Khan stressed that his visit to Israel and the West Bank was not part of his investigation, but rather a public demonstration of commitment to international law in this conflict. “I had a simple message,” he said. "My office is here to ensure that the protection of the law is felt by all.”

Still, his itinerary in Israel and the West Bank— and comments during and after the trip —offer significant clues about the next steps this investigation will take. This includes whether or not we can expect arrest warrants for Israelis and Palestinians responsible for the carnage of October 7 and the subsequent Israeli attack on Gaza.

Based on what I’ve seen, I think we will probably see indictments sooner than would normally be expected — particularly for Hamas. Here’s why: