The former head of Mossad, Israel's foreign intelligence agency, Yossi Cohen, allegedly threatened International Criminal Court (ICC) prosecutor Fatou Bensouda to abandon a war crimes investigation into Israel. This disclosure comes from an extensive investigation by The Guardian, the Israeli-Palestinian publication +972 Magazine, and the Hebrew-language outlet Local Call.
Cohen's covert interactions with Bensouda reportedly occurred in the years leading up to her 2021 decision to open a formal investigation into alleged war crimes and crimes against humanity in occupied Palestinian territories. This investigation recently escalated when Bensouda's successor, Karim Khan, announced his intention to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, along with three Hamas leaders.
According to sources, Cohen's personal involvement was sanctioned at the highest levels of the Israeli government, under the pretext of protecting military personnel from potential prosecutions. A senior Israeli official indicated that Cohen's mission was to either compromise Bensouda or gain her cooperation with Israeli demands.
Multiple sources confirmed that Bensouda had informed a select group of senior ICC officials about Cohen's persistent and threatening behavior. These disclosures suggest that Cohen employed intimidation tactics, including threatening Bensouda's personal and familial security. In one instance, Cohen allegedly told her, "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."
Further compounding the gravity of these threats, Cohen is said to have used "despicable tactics" against Bensouda, likened by sources to "stalking." The Mossad reportedly scrutinized Bensouda's family members and obtained secret recordings of her husband, which Israeli officials attempted to use for discrediting her.
The Mossad's campaign against the ICC forms part of a broader, long-term effort by Israeli intelligence agencies to undermine the court. These operations have been ongoing for nearly a decade, with Cohen acting as Netanyahu's unofficial envoy.
One particularly alarming incident occurred at a Manhattan hotel in 2018, where Cohen, in collusion with then-President of the Democratic Republic of the Congo Joseph Kabila, ambushed Bensouda. Cohen's unexpected presence left Bensouda and her team feeling unsettled and alarmed.
Despite these aggressive measures, Bensouda pressed on with her investigation. In December 2019, she announced grounds for a full criminal investigation into alleged war crimes in Gaza, the West Bank, and East Jerusalem. However, she sought a ruling from the ICC's pre-trial chamber to confirm the court's jurisdiction over Palestine before fully proceeding.
Cohen's pressure reportedly intensified following this announcement, with additional meetings and continued threats. In these encounters, Cohen suggested that pursuing the investigation would adversely affect Bensouda's career and personal life, further demonstrating the Mossad's determination to influence the ICC's proceedings.
The investigation's scope also revealed Israel's collaboration with the Trump administration to exert pressure on Bensouda. This collaboration included imposing visa restrictions and sanctions on her, actions which President Joe Biden later rescinded.
Bensouda's decision to proceed with the investigation was ultimately vindicated when the ICC's pre-trial chamber ruled in February 2021 that it had jurisdiction over the Palestinian territories. This ruling allowed Bensouda to formally open the criminal investigation.
Karim Khan, Bensouda's successor, has maintained the investigation, which gained renewed urgency following the October 7 Hamas attacks on Israel and the subsequent Israeli military actions in Gaza. Last week, Khan sought arrest warrants for Netanyahu, Gallant, and three Hamas leaders, citing charges including the use of starvation as a method of warfare and intentional attacks on civilians.
The revelations about Cohen's threats have prompted legal experts to consider whether his actions could constitute offenses against the administration of justice under the Rome Statute. ICC officials have indicated that such attempts to impede, intimidate, or improperly influence the court's activities would not be tolerated.
