Yossi Cohen, former director of Mossad, Israel’s foreign intelligence agency, engaged in a covert operation to pressure the International Criminal Court’s (ICC) then-chief prosecutor, Fatou Bensouda, into dropping a war crimes investigation into Israel. This revelation comes as part of a forthcoming investigation by the Guardian, +972 Magazine, and Local Call. Cohen’s activities, authorized at a high level, aimed to compromise Bensouda or enlist her cooperation to protect Israeli military personnel from prosecution. Cohen’s covert contacts with Bensouda occurred in the years leading up to her decision to open a formal investigation into alleged war crimes in occupied Palestinian territories in 2021. This investigation culminated last week when Bensouda’s successor, Karim Khan, sought an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over Israel’s conduct in Gaza. Netanyahu and Cohen were closely allied, with Cohen acting as Netanyahu’s “unofficial messenger” during his tenure as Mossad director from 2016. Sources indicate that Cohen’s tactics included threats and manipulation. In several secret meetings, Cohen allegedly warned Bensouda against pursuing the investigation, implying risks to her security and that of her family. He reportedly used coercive language and “despicable tactics,” likened to stalking. Mossad’s efforts also involved gathering compromising information on Bensouda’s family, including transcripts of secret recordings of her husband, to discredit her.
Cohen’s first direct interaction with Bensouda reportedly took place at the Munich Security Conference in 2017, followed by a surprise encounter in a Manhattan hotel in 2018, facilitated by Joseph Kabila, then-president of the Democratic Republic of the Congo. The Mossad director’s repeated attempts to intimidate Bensouda ultimately failed, but they raised significant concern among ICC officials. The ICC case against Israel dates back to 2015, when Bensouda opened a preliminary examination into allegations of war crimes in Gaza, the West Bank, and East Jerusalem. Israel, which has long opposed the ICC’s jurisdiction, intensified its opposition following Bensouda’s inquiry, fearing prosecutions of its citizens. The Israeli government, alongside the Trump administration, exerted public and private pressure on Bensouda, including imposing visa restrictions and sanctions on her in 2019-2020.
Despite these efforts, in February 2021, the ICC’s pre-trial chamber confirmed its jurisdiction over Palestinian territories, leading to the opening of a full investigation by Bensouda. The investigation gained renewed urgency following Hamas attacks on Israel in October 2021 and the subsequent war on Gaza, culminating in Khan’s request for arrest warrants against Netanyahu and other Israeli officials. These revelations underscore the extent of Israel’s covert operations to influence international legal proceedings and protect its political and military leaders from accountability. Cohen’s actions, which included direct threats and attempts to discredit Bensouda, reflect the high stakes and aggressive tactics employed by Mossad to safeguard Israeli interests.
