ICC Chief Prosecutor Karim Khan Defends Warrants Against Israeli Leaders

International Criminal Court (ICC) Chief Prosecutor Karim Khan has defended his decision to pursue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and other Israeli leaders, in an interview with Der Spiegel published last week. Khan, who has been leading the ICC's investigation into alleged war crimes in Gaza, responded to widespread criticism of his actions, insisting that his role is to uphold justice impartially, regardless of political or national affiliations.

Speaking from Nuremberg, the historic site where Nazi war criminals were tried nearly 80 years ago, Khan drew a parallel between the ICC and the Nuremberg Trials, stressing that the ICC is a product of the lessons learned from the Holocaust. “The International Criminal Court is a child of Nuremberg,” Khan said, referencing the principles of justice established after World War II. “We have failed to live up to the promise of Never Again,” he added, before highlighting the global suffering in places like Palestine and Israel.

Accusations of Antisemitism

When asked about Netanyahu’s accusations of antisemitism in relation to the warrants, Khan dismissed the notion, stating, “I’m not that thin-skinned. There’s a lot of abuse and threats from political leaders and interest groups, but I know who I am.” Khan, who has a long history of engagement with Jewish communities, recalled his first visit to a synagogue at the age of six and his recent lecture at the Elie Wiesel Center in Ottawa. He rejected the notion that his actions were driven by prejudice, stating, "The Jewish religion is the great teaching of the Prophet Moses, and I have a lot of respect for the Jewish people and the Jewish faith."

He also criticized what he described as an increasing tendency to label anyone who questions Israeli actions as antisemitic. “What is more concerning,” Khan said, “is the expectation of victims around the world for the law to be applied equally, everywhere.” His stance, he argued, is not about singling out Israel, but about ensuring legal accountability for all parties involved in the conflict.

ICC's Responsibility to Investigate

Khan explained that the investigation into Palestinian territories had been delayed due to lack of resources when he first took office. He described how his predecessor initiated an investigation into the conflict, but it was not until the October 7 attacks by Hamas—where over 1,200 Israelis were killed and more than 250 taken hostage—that the situation escalated and prompted the ICC to take more aggressive steps. Despite the magnitude of the attacks, Khan focused on the broader issue of accountability and the legal status of the Palestinian territories.

“Palestine is a state party to the ICC, and the judges have decided that we have jurisdiction,” Khan emphasized. He rejected the idea that certain regions or nations should be outside the law, asking rhetorically, “Do Palestinians and Israelis not deserve the same legal protection as the people of Ukraine or Sudan?”

Balancing Investigations and Jurisdictional Criticism

Khan’s actions have not been without controversy. The decision to seek warrants for both Hamas leaders and Israeli officials has sparked accusations of equating democratic leaders with terrorists. Khan, however, responded that the law treats all victims equally. “Every victim is equal. I have as much regard, attention, and love for a Jewish child as for a Palestinian child,” he said, defending his approach as necessary for maintaining the ICC’s integrity.

Khan also addressed criticism of the ICC’s perceived double standards, particularly its lack of investigation into crimes committed by Britain during the Iraq War. He defended his office’s focus on current crimes, stating, “Our job is to make sure that there isn’t any free pass. Palestine is a state party to the ICC. What we’ve done is a function of jurisdiction.” Khan denied claims that investigations into US actions in Afghanistan had been suspended, clarifying that they had merely been deprioritized in favor of more urgent cases.

On Israel's Judicial System and International Justice

When questioned about Israel’s well-established judicial system, Khan maintained that the ICC’s intervention was warranted due to the lack of accountability in the Palestinian territories. "The question is: Is the law being applied in the occupied territories? If you read what experts are writing and look at what’s happening on the ground, we don’t see investigations. We don’t see accountability," he stated, adding that Israel’s status as an ally should not prevent justice from being served.

He also stressed the importance of timely action, arguing that the law must be felt in real-time. "Should I wait until everybody’s dead?" Khan asked, referencing the horrific violence experienced by both Israelis and Palestinians. "If your father, your mother, your grandfather was a hostage, would you really want me to wait?" He likened his role to that of a firefighter, emphasizing that justice should be swift, not delayed until the situation worsens.

Allegations of Sexual Misconduct

While Khan defends his actions at the ICC, he himself is now under investigation for allegations of sexual misconduct. The ICC’s governing body has initiated an external investigation into Khan, following reports from colleagues of inappropriate behavior. The alleged victim, a well-respected lawyer, reportedly made a complaint against Khan in relation to incidents that occurred between April 2023 and April 2024. Khan has denied the accusations, but the investigation is ongoing.