Yossi Cohen, the former head of the Mossad, Israel’s foreign intelligence agency, allegedly threatened a chief prosecutor of the international criminal court, Fatou Bensouda, in a series of secret meetings in which he tried to pressure her into abandoning a war crimes investigation, the Guardian can reveal.
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’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.
[…] 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 […]
According to accounts shared with ICC officials, he [Cohen] is alleged to have told her [Bensouda]: “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.”[…]
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. […]
[After a surprise meeting] in New York, Cohen repeatedly phoned the chief prosecutor and sought meetings with her, three sources recalled. According to two people familiar with the situation, at one stage Bensouda asked Cohen how he had obtained her phone number, to which he replied: “Did you forget what I do for a living?”
Initially, the sources explained, the intelligence chief “tried to build a relationship” with the prosecutor and played “good cop” in an attempt to charm her. The initial objective, they said, appeared to have been to enlist Bensouda into cooperating with Israel.
Over time, however, the tone of Cohen’s contact changed and he began to use a range of tactics, including “threats and manipulation”, an individual briefed on the meetings said. This prompted Bensouda to inform a small group of senior ICC officials about his behaviour […]
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