The prosecutor of the International Criminal Court Karim Khan speaks at a press conference in Bogotá, Colombia, on April 25, 2024. (Credit: Luis Acosta/AFP.)
The prosecutor of the International Criminal Court (ICC), Karim Khan, is reportedly about to request new arrest warrants against Israelis suspected in cases of war crimes and crimes against humanity in the occupied Palestinian territories, particularly in the West Bank, according to sources cited by The Guardian.
The Hague had already issued arrest warrants last November against Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant for these same charges, as well as for three Hamas officials, Ismael Hanieh, Yahya Sinwar, and Mohammad Deif, killed by Israel, the latter confirmed dead by Hamas last January.
Frustration among the judges
But this time, the ICC judges have ordered the prosecutor in private not to make his intentions and requests public in the case opened before the Court since 2021 regarding Palestine, reports the British media, as well as to obtain their permission to disclose any future requests on other cases.
In a much less discreet approach than that of his predecessor, Fatou Bensouda, Karim Khan has multiplied in recent months announcements that he was seeking to obtain arrest warrants against the head of the military junta in Myanmar, or the supreme leader of the Taliban, or those responsible for atrocities committed in Darfur, Sudan.
According to court officials familiar with internal discussions cited by The Guardian, the prosecutor's statements have generated frustration among judges and staff in his office in The Hague, as they deviate from common practice in such matters, based on the utmost discretion until a decision is made, while putting pressure on the judges to consider the requests made.
Tensions indeed exist between the judges and the prosecutor, as the ICC is in the sights of U.S. President Donald Trump, who decided to impose sanctions against the Court in February, as well as against Karim Khan. The prosecutor is also targeted by allegations of abusive sexual behavior toward an employee, which he denies, currently the subject of an independent investigation. While the process of requesting arrest warrants is typically held in private, to protect the integrity of investigations, ensure the safety of witnesses and victims, and enhance the chances of locating and apprehending suspects, the prosecutor nevertheless has significant autonomy and the right to make such a request public.
Especially when this can have a deterrent effect on the continuation of the crimes prosecuted and does not pose an obstacle to the arrest of suspects. The first ICC prosecutor, Luis Moreno Ocampo, had announced his intention to request arrest warrants three times during his nine-year tenure. Karim Khan had also done so in 2022 for individuals accused of crimes in Georgia.
