Israel’s ambassador to the Netherlands was asked to “report” to the Dutch foreign affairs ministry to explain allegations of a secret surveillance and espionage campaign by Israeli spy services against the international criminal court, it has emerged.
Dutch officials asked to meet the ambassador, Modi Ephraim, to discuss concerns raised by a Guardian investigation that revealed Israeli intelligence agencies attempted over a nine-year period to undermine, influence and allegedly intimidate the ICC chief prosecutor’s office.
The meeting was disclosed by officials in response to questions raised in parliament by several Dutch MPs about the revelations, part of a joint investigation with the Israeli-Palestinian publication +972 Magazine and the Hebrew-language outlet Local Call.
On Tuesday, a spokesperson for the minister of foreign affairs said the Israeli ambassador “was requested to report at the [ministry] in connection with allegations made in the articles in the Guardian and +972”. They said a conversation was held “in which the concerns of the Netherlands have been expressed”.
The spokesperson declined to discuss details, citing the confidentiality of diplomatic conversations. Israel’s embassy in the Netherlands did not respond to a request for comment.
As the host state of the ICC, which is in The Hague, the Netherlands is obliged under an agreement with the court to protect the safety and security of ICC staff, and must ensure it is “free from interference of any kind”.
Earlier this month, the Netherlands was among 93 member states that vowed to defend the ICC against political pressure and interference, in a significant intervention that backed the court at a critical moment for its chief prosecutor, Karim Khan.
In May, Khan filed applications for arrest warrants against Hamas and Israeli leaders including Israel’s prime minister, Benjamin Netanyahu, and Hamas’s chief in Gaza, Yahya Sinwar, for war crimes and crimes against humanity allegedly committed in the Hamas-led attacks on 7 October attack and the ensuing Israeli offensive in Gaza.
Khan’s requests, which provoked fierce criticism from Israel and allies in the US, are being considered by one of the ICC’s pre-trial chambers. A panel of three judges will have to decide whether to issue the arrest warrants or reject the application.
After the Guardian and +972/Local Call investigations, a number of Dutch MPs submitted questions to ministers asking what they knew of the Israeli intelligence operations against the ICC and how the government was responding.
Kati Piri, among the MPs seeking answers, called for an investigation into whether the Israeli embassy was involved in any of the covert activities. She said the Netherlands had “a special responsibility” to ensure the court could function independently and free from intimidation.
Responding to the questions raised by the MPs, the Dutch foreign ministry said it “opposed any form of threat and intimidation” against the ICC and had “regular contacts with the [court], during which various security concerns are raised”.
Piri, an MP in the Green-Labour alliance, criticised the government for not being open enough about its response to the allegations. She said the meeting with the ambassador was the only indication by Dutch officials that the situation was being “taken seriously”.
She told the Guardian: “As host country, I expect louder public support from the Dutch government for the ICC and its employees.”
