Karim Ahmad Khan

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During the 2023 Israel–Hamas war, Business Insider reported that a statement by Khan "appeared to suggest" that both Israel and Hamas could be prosecuted by the ICC. [29] According to Khan, the bar for evidence that a hospital, school, or place of worship is being used for military purposes is very high. [30] On 17 November 2023, Khan stated the ICC had received a joint request by South Africa, Bangladesh, Bolivia, Comoros, and Djibouti to investigate alleged Israeli war crimes. [31] South African Foreign Minister Naledi Pandor asked Khan why he was able to issue an arrest warrant for Russian President Putin, but not for Israeli Prime Minister Benjamin Netanyahu. [32] The Israeli government called emergency meetings over concerns the ICC could be preparing arrest warrants against Netanyahu, other senior officials, or officers of the Israeli Defense Forces. It decided it would reach out to the court and 'diplomatic figures with influence' with the aim of blocking the issuing of arrest warrants. Netanyahu raised the matter in his meetings with Britain's Foreign Secretary David Cameron and Germany's Foreign Minister Annalena Baerbock, and sought their help. [33] [34]

On 24 April 2024, Khan was sent a letter signed by 12 Republican U.S. senators [b] threatening him and other UN jurists and their families with personal consequences if the ICC were to seek an international arrest warrant for Benjamin Netanyahu or other members of the Israeli government. The letter cited the American Service-Members' Protection Act – known informally as "The Hague Invasion Act" [36] – which specifically includes "all means". [37] [38] The signatories said they would view any arrest warrant as "a threat not only to Israel's sovereignty, but also to the sovereignty of the United States". They threatened: "Target Israel and we will target you", and that any further action would "end all American support for the ICC" and "exclude [Khan and his associates and employees] and their families from the United States". The letter ended: "You have been warned." [39]

On 20 May 2024, on the advice of a panel of legal experts, [c] Khan applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas's leader in Gaza, Yahya Sinwar. He also applied for arrest warrants for Hamas' political wing chairman, Ismail Haniyeh and Hamas member Mohammed al-Masri, and the Israeli defense minister Yoav Gallant. [41] [42] President of the United States Joe Biden called the application "outrageous", while Netanyahu called Khan one of the "great antisemites in modern times" after the announcement. [43] [44] Both accusations were rebuffed by Kenneth Roth. [45] English barrister Natasha Hausdorff said the ICC has no jurisdiction to investigate the events taking place in Israel or Gaza. [46]

Statements of support were made in the US and elsewhere. US member of Congress Ilhan Omar said that the ICC "must be allowed to conduct its work independently and without interference." [47] Government representatives of Australia, [48] France, Spain, Ireland, Belgium, Switzerland, Austria, Slovenia, Denmark, Norway, Chile, Canada, South Africa, Maldives, Oman and Jordan expressed support for the ICC independence. [49] According to US attorney Kenneth Roth, who led Human Rights Watch for 29 years, "These charges are not about Israel's right to defend itself, which no one questions. They're about how Israel has chosen to defend itself, and no cause, no matter how just, can be used as an excuse to commit war crimes." [50] Israeli left-wing organization B'Tselem said: "The era of impunity for Israeli decision-makers is over." [51] In June 2024, 93 nations including the aforementioned reiterated their support for the ICC's independence. [52]

Rohingya genocide in Myanmar charges

In November 2024, Khan requested an arrest warrant for the Myanmar military junta leader, Min Aung Hlaing, for crimes against humanity related to the Rohingya genocide. [53] [54] [55]

Allegations of sexual misconduct

In October 2024, Khan faced accusations of groping a female aide, following a whistleblower report. [56] [57] The alleged victim refused to explicitly confirm or deny the allegations, [57] and thus no formal inquiry was launched. Anonymous sources close to the alleged victim reportedly claimed that she distrusted the court's watchdog and requested an external probe to investigate the case. [57] [58] [59] Khan denied the allegations of misconduct in a public statement, adding that "This is a moment in which myself and the international criminal court are subject to a wide range of attacks and threats." [58] [60] The Guardian reported that Khan tried to persuade the complainant to withdraw the claims, which Khan denied. [61]

U.S. Congress members have initiated an investigation to determine whether the allegations against Khan have compromised his judgment and influenced him to pursue war crime charges against Israeli officials. [62]

Khan described himself as the victim of a smear campaign, saying that "in recent months my family including my wife and child have also been targeted"; [63] similarly, Khan's ICC colleagues implied the allegations were part of an Israeli smear campaign. [61] The Guardian previously reported that Khan's precursor, Fatou Bensouda, was threatened by the Mossad director Yossi Cohen in an attempt to dissuade her from opening war crime inquiries against Israel. [64] Following a months-long investigation, The Guardian found no evidence that Israel was involved in the allegations against Khan, though it noted that ICC officials feared Israel would exploit the situation to sabotage the ICC's investigation in Palestine. [61]

Other activities

Between 1996 and 1997, Khan was a member of staff at the Law Commission of England and Wales. Khan was appointed Queen's Counsel in 2011. [65] He is a life member of the Human Rights Institute, International Bar Association (IBA),[ citation needed ] and a founding director of the Peace and Justice Initiative, [66] a Hague-based NGO focused on effective implementation of the Rome Statute of the International Criminal Court at national levels.

Khan served until 2018 as a member of the executive council and the victims committee of the International Criminal Court Bar Association (ICCBA), and he was the president of the ICCBA from June 2017 to June 2018. At the end of his tenure, Khan was appointed the first honorary president of the ICCBA. [67]

Personal life

Khan's father, a consultant dermatologist, was born in Mardan, present-day Khyber Pakhtunkhwa, Pakistan. [68] His mother, a state registered nurse, was born in the United Kingdom. [69] Khan is a member of the Ahmadiyya Muslim Community. [70] [71] He is currently married to Dato Shyamala Alagendra, a Malaysian lawyer. He has two sons. He has a sister and two brothers, [68] one of whom is the former British Conservative MP Imran Ahmad Khan. [72]

Notes

  1. Sinwar and Haniyeh had already died by the time of this decision. [5] [6]
  2. The letter was signed by Senate Minority Leader Mitch McConnell of Kentucky as well as Senators Tom Cotton of Arkansas, Marsha Blackburn of Tennessee, Katie Britt of Alabama, Ted Budd of North Carolina, Kevin Cramer of North Dakota, Ted Cruz of Texas, Bill Hagerty of Tennessee, Pete Ricketts of Nebraska, Marco Rubio and Rick Scott of Florida and Tim Scott of South Carolina. [35]
  3. Convened by Khan, the panel comprised, among others, Lord Justice Fulford, Helena, Baroness Kennedy, Judge Theodor Meron, Elizabeth Wilmshurst, Amal Clooney and Marko Milanović. It concluded that the Court had jurisdiction over the case and that there were "reasonable grounds to believe" that individuals named in the arrest warrants had committed war crimes or crimes against humanity within the jurisdiction of the Court. [40]

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Karim Ahmad Khan
KC
Gesprek met ICC hoofdaanklager Karim Khan 16 (cropped).jpg
Khan in 2022
Prosecutor of the International Criminal Court
Assumed office
16 June 2021
Legal offices
Preceded by Prosecutor of the International Criminal Court
2021 -
Incumbent