Yossi Cohen’s covert contacts with the ICC’s then prosecutor, Fatou Bensouda, took place in the years leading up to her decision to open a formal investigation into alleged war crimes and crimes against humanity in occupied Palestinian territories.
That investigation, launched in 2021, culminated last week when Bensouda’s successor, Karim Khan, announced that he was seeking an arrest warrant for the Israeli prime minister, Benjamin Netanyahu, over the country’s conduct in its war in Gaza.
The prosecutor’s decision to apply to the ICC’s pre-trial chamber for arrest warrants for Netanyahu and his defence minister, Yoav Gallant, alongside three Hamas leaders, is an outcome Israel’s military and political establishment has long feared.
Cohen (right) was appointed as director of the Mossad by Netanyahu in 2016 after working for several years as his national security adviser. Photograph: Gali Tibbon/AFP/Getty Images
Cohen’s personal involvement in the operation against the ICC took place when he was the director of the Mossad. His activities were authorised at a high level and justified on the basis the court posed a threat of prosecutions against military personnel, according to a senior Israeli official.
Another Israeli source briefed on the operation against Bensouda said the Mossad’s objective was to compromise the prosecutor or enlist her as someone who would cooperate with Israel’s demands.
A third source familiar with the operation said Cohen was acting as Netanyahu’s “unofficial messenger”.
Cohen, who was one of Netanyahu’s closest allies at the time and is emerging as a political force in his own right in Israel, personally led the Mossad’s involvement in an almost decade-long campaign by the country to undermine the court.
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.
Three of those sources were familiar with Bensouda’s formal disclosures to the ICC about the matter. They said she revealed Cohen had put pressure on her on several occasions not to proceed with a criminal investigation in the ICC’s Palestine case.
According to accounts shared with ICC officials, he is alleged to have 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.”
One individual briefed on Cohen’s activities said he had used “despicable tactics” against Bensouda as part of an ultimately unsuccessful effort to intimidate and influence her. They likened his behaviour to “stalking”.
The Mossad also took a keen interest in Bensouda’s family members and obtained transcripts of secret recordings of her husband, according to two sources with direct knowledge of the situation. Israeli officials then attempted to use the material to discredit the prosecutor.
The revelations about Cohen’s operation form part of a forthcoming investigation by the Guardian, the Israeli-Palestinian publication +972 Magazine and the Hebrew-language outlet Local Call, revealing how multiple Israel intelligence agencies ran a covert “war” against the ICC for almost a decade.
Contacted by the Guardian, a spokesperson for Israel’s prime minister’s office said: “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.
Source: The Guardian
