Investigations against Israel
Chief Prosecutor Karim Khan under political pressure
May 21, 2024, 3:10 a.m
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The USA, China, Russia and Israel do not recognize the International Court of Justice in The Hague. Chief Prosecutor Khan’s latest push against the leadership of Israel and Hamas is not going down well in Washington.
The International Criminal Court (ICC) prosecution has requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Joaw Galant, as well as three Hamas leaders, for alleged war crimes and crimes against humanity. There is great anger in Washington about chief prosecutor Karim Khan. US President Biden called the action of the Hague court “outrageous”. “Whatever this accuser may suggest, there is no equivalence – none – between Israel and Hamas,” he said at the White House.
Who is Chief Prosecutor Khan?
Karim Khan was elected Chief Prosecutor of the Criminal Court in 2021. The 54-year-old enjoys a good reputation as a lawyer with extensive experience in international criminal law. The lawyer was born in Edinburgh, Scotland, and has a Pakistani-Muslim migration background: his father, a dermatologist, was born in Pakistan, his mother, a nurse, comes from Great Britain and converted to Islam. One of his two brothers was a member of parliament for the conservative Tories for a time. Khan studied and taught Islamic law in London. After completing his studies, he began working as a prosecutor at the UN tribunals in 1997, which dealt with war crimes in Rwanda and the former Yugoslavia.
He took over the post in The Hague three years ago and immediately came under political pressure. Donald Trump imposed sanctions on Khan’s predecessor because of previously planned investigations into war crimes in the Palestinian territories and Afghanistan. The USA, like Russia, China and Israel, do not recognize the court. Khan continued to investigate Afghanistan, but decided not to investigate allegations against US troops further for “resource reasons.” This brought him criticism.
Back in April, US Republicans threatened Khan and his family with personal consequences if he applied for an arrest warrant against Israel’s prime minister. Khan defended his move against the leadership of Israel and Hamas in purely legal terms: “International law and the laws of armed conflict apply to everyone. No foot soldier, no commander, no civilian leader – no one – can act with impunity.” The criminal court will tangibly prove “that the lives of all people have the same value.”
What is the further process?
Chief Prosecutor Khan’s application goes to a chamber of the ICC with three judges: the chair is the judge Iulia Motoc from Romania, there are also the Mexican judge Maria del Socorro Flores Liera and the judge Reine Alapini-Gansou from Benin. There is no deadline within which judges must decide whether to issue an arrest warrant. In previous cases, judges have taken anywhere from a month to several months to make a decision.
National investigation can help
Israel could at least stop the proceedings by starting its own investigation into alleged war crimes – the chief prosecutor also points out this. Israel is not a state party to the ICC. Khan warned that referring cases to national authorities would only be possible “if they institute independent and impartial legal proceedings that do not protect suspects and do not constitute deception.”
If the arrest warrant comes
If judges conclude that there are “reasonable grounds” to believe that war crimes or crimes against humanity have been committed, they issue an arrest warrant. The arrest warrant must include the person’s name and the specific crimes for which an arrest is being requested. The judges can also change the arrest warrant applications or only approve parts of the public prosecutor’s application.
Will Netanyahu be arrested?
The ICC’s founding statute requires all 124 ICC signatory states to arrest and extradite any person who is the subject of an ICC arrest warrant if he or she enters their territory. However, the court cannot compel an arrest. The sanction for not arresting a person is referral back to the Assembly of ICC Member States and ultimately referral to the UN Security Council.
The UN Security Council can block
Under the court’s rules, the UN Security Council can adopt a resolution that would suspend or postpone an investigation or prosecution for one year – with the possibility of extending indefinitely.
Can Netanyahu and Sinwar still travel?
Yes you can. Neither the application for an arrest warrant nor the issuance of an ICC arrest warrant restricts a person’s freedom to travel. However, once an arrest warrant is issued, they risk being arrested if they travel to an ICC signatory state, which may influence their decision-making. This is one of the reasons why Russian President Vladimir Putin, for whom there is already an international arrest warrant, did not travel abroad to the G20 summit. Politicians or diplomats are not prohibited from meeting people who have an ICC arrest warrant. However, from a political point of view, this could paint a bad picture.
Are there repercussions for other procedures?
If the judges conclude that there are reasonable grounds to believe that Netanyahu and Galant are committing war crimes and crimes against humanity in Gaza, it could increase calls for an arms embargo in other countries.