A group of senators addressed the ICC prosecutor to raise concerns about the international legality of the request for warrants against Israel’s Prime and Defense Ministers.
Nov 2, 2024,
On Friday US senators Lindsey Graham (R-South Carolina), Ben Cardin (D-Maryland), John Thune (R-South Dakota), Richard Blumenthal (D-Connecticut), Joni Ernst (R-Iowa) and John Fetterman (D-Pennsylvania) sent a letter to the Assembly of States Parties (ASP), the governing body of the International Criminal Court (ICC), calling for an investigation into misconduct allegations against Prosecutor Karim A.A. Khan that seem to implicate his decision to apply for arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.
The senators wrote, “First, Prosecutor Khan did not comply with the law when he applied for arrest warrants against Israeli government officials… we received notification that members of Prosecutor Khan’s team were scheduled to meet with legal representatives for the State of Israel on May 20 in Israel. To our astonishment, however, members of the Prosecutor’s office never boarded the plane to Israel and the meeting was abruptly canceled just a few hours before it was to take place… Prosecutor Khan’s abrupt cancelation and his announcement of an application for arrest warrants on that same day have always been perplexing, and stand in stark contrast to the assurances we received from his office that there would be meaningful consultations with Israel, as required by the letter and spirit of the Rome Statute.”
They continued, “Second, in addition to these legal concerns regarding Prosecutor Khan’s application for warrants against Israeli officials, there is a cloud hanging over the Prosecutor and his office. It has come to light recently through numerous media reports—particularly an Associated Press (AP) story dated October 25, 2024—that allegations of sexual harassment and misconduct against Prosecutor Khan emerged earlier this year, around the time he decided not to send his team to meet with Israeli legal representatives and announced a warrant application instead… If the allegations are substantiated, we urge the Assembly to take all necessary steps available under its authority—up to and including holding a vote for his removal—and to consider the implications on the investigations led by Prosecutor Khan. Transparency is of utmost importance regarding the allegations against Prosecutor Khan. We urge the body to take this seriously.”
The senators concluded, “Any action by the Court regarding arrest warrants for Israeli officials without the benefit of a completed investigation into the serious allegations hanging over Prosecutor Khan would cast doubt on the Court’s actions, and jeopardize the credibility of the ICC more broadly. We urge you to consider seriously the concerns we have raised.
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