Yet another setback for Israel: after the recent developments in the field of international justice (request for an arrest warrant by the prosecutor of the International Criminal Court against not only some Hamas leaders, but also the Israeli prime minister and defense minister, on the one hand, and the ceasefire order on Rafah, issued by the International Court of Justice, again against Israel, on the other), the British newspaper "The Guardian" reported the news according to which Yossi Cohen (in photo, right), the former head of the Mossad, the well-known Israeli intelligence agency, he allegedly threatened the former chief prosecutor of the International Criminal Court, Fatou Bensouda, during her mandate, in a series of secret meetings in which she allegedly tried to push the aforementioned to abandon an investigation into war crimes (to be clear, the same one which, inherited by his successor Khan, has resulted, in recent days, precisely with the precautionary request mentioned above).
Now, if this news were to be confirmed, beyond the obvious considerations of various kinds on the conduct of the person in question and, naturally, of whoever commanded him in this sense, what could happen is that Khan himself decides to activate the procedure referred to in the art. 70 of the Statute of the International Criminal Court.
This article, entitled "Crimes against the administration of justice", provides that:
1. The Court will exercise its jurisdiction over the following crimes committed against the administration of justice, when committed intentionally:
a) bear false witness, despite the obligation to tell the truth assumed in application of the art. 69.1;
b) present evidence that the party knows to be false or falsified;
c) suborn witnesses; obstruct or obstruct the free presence or testimony of a witness; retaliate against a witness for testifying; destroy or alter or intrude
d) obstruct, intimidate or bribe an official of the Court with the aim of forcing or persuading him not to perform, or to perform improperly, his obligations;
e) retaliate against an official of the Court for duties performed by that or another official;
f) solicit or accept unlawful compensation as an officer or agent of the Court in connection with your official duties.
2. The principles and procedures governing the exercise of the Court's jurisdiction over violations referred to in this article will be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court in relation to the proceedings referred to in this article are those given by the legislation of the State addressed.
3. If convicted, the Court may impose a prison sentence not exceeding five years or a fine, as provided in the Rules of Procedure and Evidence, or both.
4. (a) States Parties extend the provisions of their criminal law punishing offenses against the integrity of their investigative and judicial proceedings to offenses against the administration of justice referred to in this article committed in their territory or by their nationals;
(b) upon request of the Court, whenever it deems appropriate, the State Party will submit the case to its competent authorities for criminal prosecution. The competent national authorities will deal with such cases diligently and dedicate sufficient resources to enable them to be carried out efficiently.
Precisely in light of the above, it appears clear, in the case of the former head of the Mossad, the illicit conduct hypothetically attributable to him, i.e., precisely, that cited in paragraph 1, letter. d, previously reported and, as mentioned, consistent, inobstruct, intimidate or bribe an official of the Court with the aim of forcing or persuading him not to perform, or to perform improperly, his obligations.
On the other hand, the fact that, if someone had exceeded the limit, going so far as to hinder or impede the work of the Court, could have activated the above, prosecutor Khan had already announced it - and rightly so, given the enormous pressure received - at the on the eve of his arrest request made in recent days and which was mentioned above.
The Cohen-Bensouda affair is, from the way it has been told, and net of any denials (Israel, of course, has already done so, limiting itself, however, as far as it appears, to simple ritual declarations), very serious and, especially now that has been made public, it deserves further investigation and answers.
The international community remains waiting.
Photo: Kobi Gideon / GPO Israel
