How Israeli spies tried to undermine the ICC court

Donald Trump announced sanctions against the International Criminal Court (ICC) for “illegitimate and baseless actions” against the US and Israel. The ICC issued arrest warrants for Israeli prime minister Binyamin Netanyahu and his former defence minister Yoav Gallant. 

Trump is doing publicly what Israel has been doing in private for decades. 

The director of Israel’s secret service, Mossad, was personally involved in a secret plot to pressure an ICC prosecutor to drop investigations into Israel. 

Geoffrey Nice KC, a longstanding civil rights lawyer, told BBC Radio Four that former ICC chief prosecutor Fatou Bensouda “was subject to considerable pressure by Israel”. “Mossad issued threats to her and her family not to investigate,” he said. 

Mossad head Yossi Cohen tried to pressure Bensouda to drop a formal investigation into war crimes in the occupied Palestinian territories in 2021. He allegedly threatened her in a series of secret meetings.

That investigation culminated in November 2024 when Bensouda’s successor, Karim Khan, issued the arrest warrants.

Cohen’s activities were authorised at a high level. He is a career spy. He was Netanyahu’s national security advisor for several years—and then Netanyahu appointed him as director of Mossad in 2016. 

Cohen personally led the Mossad’s involvement in an almost decade-long campaign by the terror state to undermine the court.

According to accounts shared with ICC officials, Cohen is alleged to have told Bensouda, “You should help us and let us take care of you. You don’t want to be getting into things that could compromise your security or that of your family.”

One individual briefed on Cohen’s activities said he had used “despicable tactics” against Bensouda as part of an ultimately unsuccessful effort to intimidate her. They likened his behaviour to “stalking”.

According to Bensouda’s accounts of the final two meetings with Cohen, he had raised questions about her security and that of her family. 

On one occasion, Cohen is said to have shown Bensouda copies of photographs of her husband. They were taken covertly when the couple were visiting London. On another, Cohen suggested to the prosecutor that a decision to open a full investigation would be detrimental to her career.

There was a coordinated effort by Netanyahu and Donald Trump’s administration to place public and private pressure on the prosecutor and her staff.

Between 2019 and 2020 the first Trump administration imposed visa restrictions and sanctions on the chief prosecutor. Bensouda was investigating war crimes in Afghanistan, allegedly committed by both the Taliban and US military personnel.

Mike Pompeo, then US secretary of state, linked the sanctions package to the Palestine case. “It’s clear the ICC is only putting Israel in its crosshairs for nakedly political purposes,” he said.

Months later, he baselessly accused Bensouda of having “engaged in corrupt acts for her personal benefit”.

In June 2021, Cohen retired from Israel’s national intelligence agency. Netanyahu reportedly considers Cohen to be the best person to succeed him as prime minister when he leaves office.