The prosecutor of the International Criminal Court, Karim Khan, announced Monday, May 20, that he had requested arrest warrants against the Israeli Prime Minister, Benjamin Netanyahu, and the Minister of Defense, Yoav Gallant, for the following crimes: “Deliberately starving civilians”, “intentional homicide” And “extermination and/or murder”in connection with the Israeli operation in Gaza.
The ICC prosecutor also requested warrants against three senior Hamas officials – Ismaïl Haniyeh, Mohammed Deif and Yahya Sinouar – for notably “extermination”, “rape and other forms of sexual violence” And “hostage-taking as a war crime”, linked to the attack by the Islamist movement on October 7, 2023, in Israel. Franck Mathevon, director of the international editorial staff of Radio France, is the guest of Radio France’s broadcast mediator, Emmanuelle Daviet.
Emmanuelle Daviet: How did you balance the coverage of Karim Khan’s announcements concerning the arrest warrants against Israeli and Hamas officials, listeners ask?
Frank Mathevon: First, it must be emphasized that this is very important information. There are 124 states that have acceded to the Rome Statute (officially the Rome Statute of the International Criminal Courte) and who are therefore members of the ICC. When such decisions come from a jurisdiction like the ICC, it inevitably takes up space in our newspapers.
We also know that this is a controversial announcement. Two Israeli leaders are targeted by prosecutor Karim Khan. And the way things have been presented may suggest that the accusations that could be leveled against Israeli leaders are the same as those aimed at Hamas leaders. Karim Khan made his announcement, it should be noted, at the same time, last Monday, in a few minutes. Some details on this subject.
First, at this stage, it’s just a request from the prosecutor. So, we made it clear on franceinfo that a panel of three judges must now decide on the missions of the arrest warrants. Then, it was also made clear that the leaders of Israel and Hamas were not accused of the same war crimes and crimes against humanity. Several countries, including France, recalled that there was no equivalence between Israel and Hamas.
And then, last point, it’s obvious, but I point it out because it’s valid for all news, and it’s all the more so when it’s a particularly sensitive subject, we give the broadcast all points of view, all opinions, we give the source, we are precise about the quotes, we cite Israel’s allies like the United States, but also its rivals like Iran, or those who have a more complex relationship with Israel, the Arab countries for example. The objective is to provide the most factual story possible, without being partisan. In fact, we try to provide keys to understanding.
Specifically, which experts did you interview to provide context, an in-depth analysis of this situation, and the real issues of these ICC announcements?
One of the ways to balance the coverage of an event like this is precisely to give the floor to experts, to specialists on the issue. International justice, as you know, is a very complex subject. The legal arguments are dense. The functioning of the ICC is not easy to understand. I give you an example.
One of the questions is whether the ICC is competent to judge Israel which has not ratified, I remind you, the Rome Statute. So yes, say the jurists, because the Court can judge crimes on the territory of a State party to the Rome Statute. And this is the case of Palestine (since January 2, 2015). Yes, but Palestine is not a state recognized by all. So you can clearly see the mechanics and complexity of this type of question.
So we need experts to help us see clearly. We invited several jurists to franceinfo, and we also invited people who criticize prosecutor Karim Kahn, the ICC, and others who welcome such an announcement. What matters is knowing where people are talking about, who they are and then ensuring that our coverage is generally impartial, at certain times, with certain guests, for sure, an opinion is going to be better represented. But our goal is for the overall coverage balance to be balanced.
Listeners regret that in certain news flashes or during the presentation of headlines, the journalist indicates that the ICC has issued arrest warrants against Netanyahu and Hamas leaders, without naming the latter. Some listeners believe this is misinformation. What do you answer them?
Once again, we cannot be exhaustive. It may happen that at certain times, emphasis is placed on part of the information. The main thing is that we do not distort the nature of this information. So, if we say that the ICC prosecutor requested an arrest warrant against leaders of Israel and Hamas, and we quote Benjamin Netanyahu, in my opinion, we are not making an error.
In fact, the Israeli Prime Minister is the best known of the individuals targeted, and this is the first time that the leader of a country, which is considered democratic, can be the subject of an arrest warrant from the ICC. This is still the main information to remember. Now, I know that at times all the relevant leaders, whether from Israel or Hamas, were cited. So, be sure, to conclude, that there is no partisan choice in the presentation of information like this.