The Dutch government is facing increasing pressure to hold Israel accountable for alleged espionage and intimidation of lawyers at the International Criminal Court (ICC) in The Hague. Dutch parliamentarians are demanding an independent investigation following reports that Israel used its intelligence agencies to surveil, hack, pressure, and threaten senior ICC staff to derail war crimes inquiries.
An investigation by the Guardian, in collaboration with Israeli-based magazines +972 and Local Call, revealed that Israel's actions aimed to obstruct the ICC's work. Despite these efforts, the ICC prosecutor's office recently requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders for alleged war crimes.
Dutch MPs from the liberal-progressive D66 party and the Green-Labour alliance have condemned these activities and are calling for more information on the Dutch government's knowledge of the matter. Kati Piri, an MP in the Green-Labour alliance, submitted a series of questions to the Dutch justice, home, and foreign affairs ministers, emphasizing the Netherlands' responsibility to protect court employees and witnesses of war crimes.
"The claims are extremely serious: intimidation here in The Hague for years and pressure on chief prosecutor [Karim] Khan. The Netherlands has a special responsibility as host country of the ICC to ensure that the court can function independently and that its employees are free from such intimidation," Piri said.
Piri pointed out that if such actions were known in 2015 and continue today, it raises questions about the Netherlands' response. She referenced a past incident where the Netherlands expelled Russian embassy employees for spying on the Organisation for the Prohibition of Chemical Weapons (OPCW) in 2018, suggesting similar consequences if Israeli embassy involvement is confirmed.
Jan Paternotte, D66's foreign affairs spokesperson, also submitted formal questions to ministers, describing the alleged intimidation as a "gross attack on the international legal order." The Dutch ministries have yet to respond to the formal questions, which they have two weeks to answer.
The Guardian's investigation unveiled a near decade-long secret "war" by Israel against the ICC, including spying, hacking, and threats. This campaign began in January 2015 when Palestine joined the ICC, prompting Israel to mobilize its intelligence agencies. Former Israeli intelligence officials described the counteroffensive against the ICC as a necessary war to protect Israel from prosecution.
As part of this effort, Israel's intelligence agencies allegedly hacked emails, monitored calls, and threatened ICC officials. The Mossad chief reportedly made personal threats against former ICC prosecutor Fatou Bensouda and her family. Israeli intelligence also spied on Palestinian communications with the ICC and labeled Palestinian groups cooperating with the court as "terrorist" organizations.
Despite these actions, in December 2019, Bensouda concluded there was a "reasonable basis" to believe Israel committed war crimes in the occupied territories. This led to intensified efforts by Israel, including a smear campaign against Bensouda and seeking U.S. support to pressure the ICC. The Trump administration imposed sanctions on Bensouda and a top official as part of this campaign.
When Karim Khan took over as ICC prosecutor in June 2021, Israeli intelligence reportedly intercepted communications indicating he was considering arrest warrants against Netanyahu and other senior Israeli officials. Despite continued pressure and intimidation, Khan announced his intention to seek arrest warrants for Netanyahu, Gallant, and three Hamas leaders.
The ICC has since strengthened its security measures, including regular office sweeps, security checks on devices, phone-free areas, weekly threat assessments, and specialist equipment. An ICC spokesperson confirmed that Khan's office had faced "several forms of threats and communications that could be viewed as attempts to unduly influence its activities."
