Swiss prosecutors have confirmed that criminal complaints have been filed against Israeli President Isaac Herzog during his visit to the World Economic Forum in Davos. The nature and number of the complaints have not been disclosed, but they come at a time when Israel is facing accusations of war crimes in Gaza. The Office of the Swiss Attorney General stated that the complaints will be examined according to standard procedure and that the question of immunity will also be considered.
Under normal circumstances, current heads of state, heads of government, and foreign ministers of other countries are not subject to criminal jurisdiction from third countries. However, the Swiss prosecutors will assess the allegations against Herzog and consult with the Swiss foreign ministry regarding his immunity. The exact reasons behind the complaints and the identities of the complainants have not been revealed.
Herzog’s office did not directly comment on the statement by Swiss prosecutors but stated that the President had attended the Davos summit to present Israel’s position on the situation in Gaza. According to a statement obtained by the AFP news agency, the complainants, who remain unnamed, seek a criminal prosecution in parallel to a case brought before the United Nations International Court of Justice (ICJ) by South Africa. South Africa has accused Israel of genocide in its offensive in Gaza and has requested provisional measures from the ICJ to halt the war while the case is pending.
The motives behind the complaints submitted to the Swiss prosecutor are unclear, but they could be related to events that took place in Switzerland during Herzog’s visit or to previous statements made by Herzog about Palestinians. These statements were also cited by South Africa’s legal team at the Hague while presenting their case. Following an attack by Hamas fighters on October 7, Herzog referred to not only Hamas fighters but “an entire nation” as responsible for the violence, vowing to continue fighting until they are defeated. In response, Israel launched a severe bombardment of Gaza, resulting in the deaths of over 24,500 people, with 70% being women and children according to the United Nations.
If prosecuted, the case filed with the Swiss court would fall under “universal jurisdiction.” This legal principle allows states or international organizations to prosecute individuals for serious crimes, regardless of nationality or where the alleged crime took place. Universal jurisdiction cases typically involve international crimes such as genocide and war crimes. However, the alleged immunity of a president poses a significant obstacle to the proceedings. William Shabas, a professor of international criminal and human rights law, explained that political approval would also be required for the prosecutor to proceed.
The statement obtained by AFP suggests that immunity could be lifted in certain circumstances, including cases of alleged crimes against humanity, and argues that these conditions are met in Herzog’s case. While universal jurisdiction cases were once rare, there is a growing effort in European countries to prosecute such crimes. The outcome of this case will depend on the resolution of these legal and political obstacles.
In conclusion, Israeli President Isaac Herzog is facing criminal complaints during his visit to Davos, Switzerland. The specific allegations and complainants remain undisclosed, but they come at a time when Israel is under scrutiny for its actions in Gaza. The Swiss prosecutors will assess the complaints and consider Herzog’s immunity. The motivations behind the complaints are unclear, but they may be related to events during Herzog’s visit or previous statements made by him. If the case proceeds, it will be dealt with under universal jurisdiction, which allows for the prosecution of serious crimes regardless of nationality or location. However, the alleged immunity of a president and the need for political approval may pose challenges to the proceedings.
