ICC Prosecutor Reported for Breaking Rules

This week the chief prosecutor of the International Criminal Court (ICC) repeated his urgent request for arrest warrants to be issued for Benjamin Netanyahu and Yoav Gallant, as well as Yahya Sinwar, citing concerns about potential interference with ongoing investigations.

Expressing frustration with the delay in issuing the warrants, Karim Khan urged quick action before Netanyahu’s planned speech to the United Nations General Assembly later in September.

The Prosecutor originally submitted his request for the warrants on 20th May, publishing a video statement of his reasons.

But a significant delay developed because the ICC accepted requests from 70 states, organizations and individuals to file amicus briefs regarding the matter, seeking to provide relevant information that was not covered in Khan’s application.

Over the last three weeks there have been dramatic developments in the case, with UK Lawyers for Israel (UKLFI) writing a letter to Karim Khan on 27th August, warning him that his conduct in this case has breached his professional obligations.

In particular, UKLFI warned him that he breached legal rules by:

• Misleading the Court,
• Failing to update and correct information previously provided,
• Not providing information and evidence exonerating the accused.

And they highlighted the rule that says,

`Knowingly misleading the court also includes inadvertently misleading the court if you
later realise that you have misled the court, and you fail to correct the position.`

Karim Khan did not respond to the UKLFI letter within the requested timescale. Consequently, on 6th September they reported him and his staff to the Bar Standards Board and to the Registrar of the ICC for not complying with their professional obligations or the rules of the court.

Thus, there is now a legal dispute over the conduct of this case for arrest warrants.

It should be a matter of great concern that this international court, which is supposed to pursue individuals who have genuinely committed war crimes, seems to have become a legal tool that can be wielded by governments that are opposed to Israel.