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The chief prosecutor of the International Criminal Court (ICC), Karim Khan, stood firm in defending his request for arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant during a BBC interview. Khan’s decision has ignited a global conversation about justice, accountability, and the ICC’s role in addressing alleged war crimes on all sides of a conflict.
Justice Must Be Seen to Be Done
Karim Khan emphasized the importance of ensuring that justice is not only delivered but also seen to be done. He stressed that the ICC’s goal is to apply the same legal standards to all nations, regardless of political power or influence. “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,” Khan told the BBC. The ICC’s actions, he argued, must demonstrate that no nation or group is above the law when it comes to war crimes.
Khan pointed to the UK government’s decision to drop its opposition to the arrest warrants as a significant shift in tone. The Labour administration, which succeeded the Conservative government, has adopted a more neutral stance, stating that the issue is “a matter for the court.” This change, Khan noted, reflects an increasing acceptance of the ICC’s authority to hold powerful leaders accountable.
Khan pointed to the UK government’s decision to drop its opposition to the arrest warrants as a significant shift in tone. The Labour administration, which succeeded the Conservative government, has adopted a more neutral stance, stating that the issue is “a matter for the court.” This change, Khan noted, reflects an increasing acceptance of the ICC’s authority to hold powerful leaders accountable.
Equal Application of the Law
Khan’s interview delved into the need for the ICC to request arrest warrants for leaders on both sides of a conflict. He explained that this is crucial to ensure that the court is seen as applying the law equally. In this case, warrants have been requested not only for Israeli officials but also for leaders of Hamas. Two of the three Hamas leaders named in the warrants — Yahiya Sinwar and Mohammed Deif — have since been killed.
“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?’” Khan argued. He highlighted that the ICC cannot have a different approach for nations backed by powerful countries, such as those in NATO or the European Union, and less powerful countries like Palestine. This equal application of international law is essential to maintaining the court’s credibility.
“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?’” Khan argued. He highlighted that the ICC cannot have a different approach for nations backed by powerful countries, such as those in NATO or the European Union, and less powerful countries like Palestine. This equal application of international law is essential to maintaining the court’s credibility.
Serious Allegations Against Israeli and Hamas Leaders
The war crimes and crimes against humanity that the ICC prosecutor is investigating are severe. Netanyahu and Gallant face accusations that include the starvation of civilians as a method of warfare, murder, the intentional targeting of civilian populations, and extermination. On the other side, Hamas leaders are accused of crimes such as extermination, murder, hostage-taking, rape, sexual violence, and torture.
While both Israel and Hamas have rejected the allegations, the charges reflect the gravity of the conflict that escalated following Hamas’s attack on Israel on 7 October. Khan made it clear that the ICC’s role is to follow the evidence, and he revealed that he had been pressured by some world leaders not to issue the warrants. “Several leaders and others told me and advised me and cautioned me,” he said. Nonetheless, the ICC prosecutor remains committed to his mandate to seek justice, regardless of political pressure.
While both Israel and Hamas have rejected the allegations, the charges reflect the gravity of the conflict that escalated following Hamas’s attack on Israel on 7 October. Khan made it clear that the ICC’s role is to follow the evidence, and he revealed that he had been pressured by some world leaders not to issue the warrants. “Several leaders and others told me and advised me and cautioned me,” he said. Nonetheless, the ICC prosecutor remains committed to his mandate to seek justice, regardless of political pressure.
A Global Precedent
Khan’s stance on the Netanyahu arrest warrant echoes the ICC’s broader mission to hold leaders accountable for war crimes, regardless of their political standing. His comments during the interview about Russian President Vladimir Putin underscore this. Khan expressed confidence that Putin, who is also wanted by the ICC for alleged war crimes related to the deportation of Ukrainian children during Russia’s invasion of Ukraine, would eventually face justice. “Nothing is permanent. Life is transitory. And every political life ends in failure,” Khan stated.
Despite Putin’s recent visit to Mongolia, an ICC signatory, where he was not arrested, Khan remains optimistic that Putin will “see the inside of a courtroom.” This belief in the inevitability of justice reinforces the ICC’s commitment to holding even the most powerful world leaders accountable for their actions.
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