ICC prosecutor says world leaders 'threatened' him over Israel arrest warrants

The chief prosecutor of the International Criminal Court (ICC) says world leaders pressured him not to apply for arrest warrants for the Israeli prime minister and defense minister on allegations of war crimes in Gaza, the BBC reported on 5 September.

Karim Khan told the BBC, “Several leaders and others told me and advised me and cautioned me,” he said.

In May, Khan said there were reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant had committed war crimes during the Israeli assault on Gaza that has killed over 40,000 Palestinians, the majority women and children.

The state of Israel faces separate genocide charges at the International Court of Justice (ICJ).

The chief prosecutor also applied for arrest warrants for Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, claiming they bear criminal responsibility for war crimes and crimes against humanity for actions taken by the organization's armed wing, the Qassam Brigades, when it stormed Israeli military bases and settlements on 7 October as part of Operation Al-Aqsa Flood.

Some 1,200 Israeli soldiers and civilians were killed in the operation. Some were killed by Hamas, while many were killed by Israeli forces using attack helicopters, drones, and tanks, per the controversial Hannibal directive.

Haniyeh, the head of Hamas' political bureau, was assassinated in Iran by an Israeli strike on 31 July. Israel claims Deif was also killed in an airstrike in Gaza, but Hamas officials have stated he is still alive.

Though several months have passed since Khan's application, ICC judges have not issued any arrest warrants.

Speaking to the BBC, Khan said it was important to show the court would hold all nations to the same standard in relation to alleged war crimes. He also welcomed the new UK government's recent decision to drop its opposition to the arrest warrants.

“There's a difference of tone, and I think of substance in relation to international law by the new government. And I think that's welcome,” he told the BBC's Nick Robinson.

Khan explained the ICC needed to request warrants for leaders on both sides of the conflict so that the court is viewed as applying “the law equally based upon some common standards.” “If one had applied for warrants in relation to Israeli officials and not for Gaza, [some would] say: 'Well, this is an obscenity' and, ‘How on earth is that possible?’” he said.

“You can't have one approach for countries where there's support, whether it's NATO support, European support [and] powerful countries behind you, and a different approach where you have clear jurisdiction,” he added.

In response to criticism for applying for arrest warrants for Israeli leaders, Khan stated, “I have one advantage at least. Hopefully, even they will concede I've seen the evidence. They haven't … The application is not public. It is confidential. It is filed to the chamber. So they are guessing what evidence has been submitted.” 

This week, a pro-Israel legal group in the UK threatened to press charges against Khan, claiming that his efforts to issue arrest warrants against Israeli officials are based on false premises.

The organization UK Lawyers for Israel (UKLFI) wrote a letter to Khan dated 27 August, in which it attempts to refute his allegations against Netanyahu and Gallant.

If Khan were to be charged and found guilty of that accusation, he could potentially – as a barrister in the most serious cases – be disbarred and forbidden from practicing law in the UK.

In May, a dozen Republican senators sent a letter warning Khan not to issue arrest warrants for Netanyahu and Gallant.

“Target Israel, and we will target you,” the senators, led by Senator Tom Cotton, warned in the letter. “Such actions are illegitimate and lack legal basis, and, if carried out, will result in severe sanctions against you and your institution.” Senators Mitch McConnell (minority leader), Rick Scott, Tim Scott, Ted Cruz, and Marco Rubio also signed the letter.