Yossi Cohen, the former director of Mossad, Israel's foreign intelligence service, allegedly issued threats to a chief prosecutor of the International Criminal Court (ICC) during a series of clandestine meetings several years ago in order to torpedo its investigation against Israel.
According to The Guardian newspaper, Cohen's covert contacts aimed to pressure Fatou Bensouda into abandoning a war crimes investigation regarding its conduct in the Palestinian territories by Israel. Cohen's undisclosed approaches to Bensouda occurred in the years preceding her 2021 decision to launch a formal probe into alleged war crimes and crimes against humanity against the Palestinians. This investigation shifted into high gear in the wake of the ongoing Gaza war and earlier this month Bensouda's successor, Karim Khan, announced plans to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, along with three Hamas leaders.
Appointed as Mossad chief by Netanyahu in 2016 after serving as his national security advisor, Cohen personally led the spy agency's near-decade-long campaign to undermine the ICC, according to sources. His activities were authorized at the highest levels, justified by the perceived threat of prosecutions against Israeli military personnel. Sources familiar with the operation allege that Cohen attempted to "compromise the prosecutor or enlist her as someone who would cooperate with Israel's demands." One source described Cohen as acting as Netanyahu's "unofficial messenger."
Yossi Cohen, then Netanyahu's Mossad director, threatened ICC chief prosecutor, Fatou Benaouda, as part of a (failed) Israeli effort to pressure her to abandon a war crimes investigation regarding the occupied Palestinian territories. (I too heard this.) https://t.co/0Ato74BIsn
— Noga Tarnopolsky נגה טרנופולסקי نوغا ترنوبولسكي (@NTarnopolsky) May 28, 2024
Bensouda reportedly briefed senior ICC officials about Cohen's persistent and increasingly threatening behavior, including an alleged statement urging her to "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."
The Mossad also obtained transcripts of secret recordings of Bensouda's husband, which Israeli officials attempted to use to discredit the prosecutor, according to two sources who spoke with The Guardian. While a spokesperson for Netanyahu's office dismissed the allegations as "false and unfounded," legal experts suggest Cohen's actions could constitute offenses against the administration of justice under the ICC's founding Rome Statute.
"Four sources confirmed that Bensouda had briefed a small group of senior ICC officials about Cohen's attempts to sway her, amid concerns about the increasingly persistent and threatening nature of his behaviour," the paper said. The revelations come as Khan warned he would prosecute "attempts to impede, intimidate or improperly influence" ICC officials. A court spokesperson confirmed Khan's office had faced "several forms of threats and communications that could be viewed as attempts to unduly influence its activities."
The Guardian said a spokesperson from Netanyahu's office issued the following statement: "The questions forwarded to us are replete with many false and unfounded allegations meant to hurt the state of Israel." Cohen did not respond to a request for comment. Bensouda declined to comment.
