Karim Ahmad Khan | |
---|---|
Prosecutor of the International Criminal Court | |
Incumbent | |
Assumed office 16 June 2021 | |
President | Piotr Hofmański |
Deputy | Mame Mandiaye Niang and Nazhat Shameem |
Preceded by | Fatou Bensouda |
Personal details | |
Born | Karim Asad Ahmad Khan 30 March 1970 Edinburgh,Scotland [1] |
Relatives | Imran Ahmad Khan (brother) |
Alma mater | King's College London |
Karim Asad Ahmad Khan KC (born 30 March 1970) is a British lawyer specialising in international criminal law and international human rights law,who has served as Prosecutor of the International Criminal Court since 2021.
After his appointment by the Secretary-General of the United Nations,António Guterres,he served as United Nations Assistant Secretary-General and acted as Special Advisor and Head of the United Nations Investigative Team [2] to promote Accountability for Crimes Committed by Daesh/ISIL in Iraq (UNITAD),which was established in accordance with Security Council resolution 2379 (2017) to support national efforts to hold ISIL (Daesh) accountable for acts that may amount to war crimes,genocide,and crimes against humanity in Iraq. [3]
On 12 February 2021,Khan was elected the chief prosecutor of the International Criminal Court (ICC). [4]
Educated at Silcoates School,Khan earned an LLB degree and AKC from King's College London. [5] He was called to the Bar of England and Wales by Lincoln's Inn in 1992. He later attended Wolfson College at Oxford University as a Doctoral candidate (D.Phil.) in law,although he did not complete the course and does not hold a Doctorate. Between 1993 and 1996 Khan was a Crown Prosecutor at the Crown Prosecution Service of England and Wales, [6] as well as a Senior Crown Prosecutor in 1995.[ citation needed ]
From 1997,Khan worked as a Legal Officer at the Office of the Prosecutor at the International Criminal Tribunal for the Former Yugoslavia (ICTY) between 1997 and 1998. He later served as Legal Adviser at the Office of the Prosecutor at the International Criminal Tribunal for Rwanda (ICTR) until 2000. [7]
Between 2006 and 2007,Khan was lead defence counsel to former President of Liberia Charles Taylor before the Special Court for Sierra Leone (SCSL). [8]
Khan spent several years engaged in leading cases at the International Criminal Court (ICC),International Criminal Tribunal for the former Yugoslavia,International Criminal Tribunal for Rwanda,Extraordinary Chambers in the Courts of Cambodia (ECCC),and the Special Tribunal for Lebanon (STL). In 2008,he was appointed Lead Counsel to former Le Monde journalist Florence Hartmann,who had served as chief spokesperson to ICTY and ICTR prosecutor Carla del Ponte,when she was charged with contempt of court. Between 2008 and 2010,he was engaged as Lead Counsel before the ICC representing Sudanese rebel leader Bahr Idriss Abu Garda,the first ICC suspect to voluntarily surrender to the jurisdiction of the Court. In January 2011,he was instructed as Lead Counsel to represent Francis Muthaura before the ICC in relation to the post-election violence in 2007–2008. He later served as Lead Counsel for Deputy President of Kenya William Ruto before the ICC,and Lead Counsel for Deputy Prime Minister of Kosovo Fatmir Limaj before the EULEX Court in Kosovo from 2014 until 2017. He also served as the Lead Counsel for Saif al-Islam Gaddafi and Baghdadi Mahmudi at the ICC.[ citation needed ]
Khan represented a group of Anglophone human rights lawyers charged with terrorism and other offences before the Military Court in Yaoundé,Cameroon,as international counsel from February 2017 until September 2017. He led the team that advised Cham and Albanian communities in relation to their expulsion from Greece,and subsequent expropriation of property after the Second World War. He was lead counsel for a large victims case in Sierra Leone arising out of the ECOMOG intervention in 1999–2002,and he represented more than 100,000 victim claimants from the Kipsigi and Talai communities in Kenya seeking redress for alleged human rights violations committed during British colonial rule.[ citation needed ] Khan said that "Certain historical injustices need to be recognized ... It’s something that I feel very passionately about and it’s really worthwhile." [9]
Until June 2021,Khan was based in Baghdad,Iraq,and served as Special Adviser and Head of the Investigative Team for the United Nations Investigative Team for the Promotion of Accountability for Crimes Committed by Da'esh/ISIL in Iraq (UNITAD),established pursuant to Security Council resolution 2379 (2017). [10] Khan led the team in achieving its mandate in the collection,storage,and preservation of evidence related to crimes committed by Da'esh/ISIL;the promotion throughout the world of accountability for the crimes committed by Da'esh/ISIL;to work with survivors in recognition of their interest in the achievement of accountability for crimes to which they have been subjected;to respect the sovereignty of the Government of Iraq in performing this investigation.[ citation needed ]
Khan met with government,religious,and community leadership across Iraq as part of his mandate at UNITAD. [11] [12] [13]
In February 2021,Khan was elected chief prosecutor of the International Criminal Court on a nine-year term during the second round of voting,receiving votes from 72 out of 123 member states (62 needed). Khan was the third chief prosecutor elected in the ICC's history,and the first one elected by secret ballot. Khan had been nominated by the United Kingdom. [4] [14] He took office in June 2021,replacing Fatou Bensouda.
In September 2021,Khan resumed the investigation into crimes committed by the Taliban and the Islamic State in Khorassan in Afghanistan which had been suspended in 2020 at the request of the government of Kabul. He dropped the investigation into the war crimes in Afghanistan committed by international forces,including the US,in Afghanistan. He also dropped the investigation into the U.S.'s use of black sites in Poland,Romania and Lithuania in the early 2000's where kidnapped prisoners were interrogated and tortured for their alleged membership of the Taliban or Al-Qaida. Khan said the investigations were dropped because of the limited financial means of the ICC. [15]
In April 2022,Khan said of the war in Ukraine:"We have reasonable grounds to believe that crimes within the jurisdiction of the court are being committed." [16] Eleven months later,he successfully applied for two arrest warrants alleging Vladimir Putin and Maria Lvova-Belova violated two Rome Statute rules against systematic deportation,transfer and hostage-taking. [17] In response,Russia issued a warrant for Khan's arrest. [18]
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. [19] According to Khan,the bar for evidence that a hospital,school,or place of worship is being used for military purposes is very high. [20] 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. [21] 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. [22]
Between 1996 and 1997,Khan was a member of staff at the Law Commission of England and Wales.[ citation needed ] 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, [23] 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,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. [24] In July 2018,he was recognised as a worldwide ambassador of the African Bar Association.[ citation needed ]
Khan was appointed Queen's Counsel in 2011.[ citation needed ] He is a member of Temple Garden Chambers London.[ citation needed ]
Khan’s father,a consultant dermatologist,was born in Mardan,Pakistan. [25] His mother,a state registered nurse,was born in the UK. [26] Khan is a member of the Ahmadiyya Muslim Community. [27] He was first married to Yasmin Rehman Mona,the daughter of the fourth caliph of the Ahmadiyya Muslim Community,Mirza Tahir Ahmad. He recently has remarried outside his community to Dato Shyamala Alagendra,a Malaysian lawyer. He has two sons. He has a sister and two brothers, [25] one of whom is the former Conservative British MP and convicted sex offender Imran Ahmad Khan. [28]
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague,Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide,crimes against humanity,war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice,an organ of the United Nations that hears disputes between states.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes,crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes,genocide,and the crime of aggression,crimes against humanity are one of the core crimes of international criminal law,and like other crimes against international law have no temporal or jurisdictional limitations on prosecution.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome,Italy on 17 July 1998 and it entered into force on 1 July 2002. As of February 2024,124 states are party to the statute. Among other things,it establishes court function,jurisdiction and structure.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide,war crimes,crimes against humanity,and the crime of aggression.
Andrew Thomas Cayley,,is an English and Welsh King's Counsel and is His Majesty's Chief Inspector of the Crown Prosecution Service having been appointed by the Attorney General of England and Wales,Suella Braverman MP,KC on 19 January 2021.
A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence.
The International Criminal Court has The International Criminal Court has opened investigations in Afghanistan,the Central African Republic,Côte d'Ivoire,Darfur in Sudan,the Democratic Republic of the Congo,Kenya,Libya,Uganda,Bangladesh/Myanmar,Palestine,the Philippines,and Venezuela. Additionally,the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia,Colombia,Guinea,Iraq / the United Kingdom,Nigeria,Georgia,Honduras,South Korea,Ukraine and Venezuela. Preliminary investigations were closed in Gabon;Honduras;registered vessels of Comoros,Greece,and Cambodia;South Korea;and Colombia on events since 1 July 2002.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified,or have otherwise become party to,the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court,an international court that has jurisdiction over certain international crimes,including genocide,crimes against humanity,and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires,such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties,which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor,the approval of the Court's budget,and the adoption of amendments to the Rome Statute.
The International Criminal Court's founding treaty,the Rome Statute,provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".
Fatou Bom Bensouda is a Gambian lawyer and former Prosecutor of the International Criminal Court (ICC),who has served as the Gambian High Commissioner to the United Kingdom since 3 August 2022.
Charles Ayodeji Adeogun-Phillips is a former United Nations genocide and war crimes prosecutor,international lawyer and founder of Charles Anthony (Lawyers) LLP.
Luis Moreno Ocampo is an Argentine lawyer who served as the first Prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously,he had played a major role in Argentina's democratic transition (1983–1991).
The prosecutor of the International Criminal Court is the officer of the International Criminal Court whose duties include the investigation and prosecution of the crimes under the jurisdiction of the International Criminal Court,namely genocide,crimes against humanity and war crimes as well as the crime of aggression.
A preliminary examination by the International Criminal Court (ICC) to analyze possible crimes against humanity committed in Venezuela is currently open. A preliminary examination was previously opened in 2006,but closed after concluding that the requirements to start an investigation had not been met. In February 2018,the ICC announced that it would open preliminary probes into alleged crimes against humanity performed by Venezuelan authorities since at least April 2017. In 2020,the Office of the Prosecutor of the ICC stated that it believed there was a "reasonable basis" to believe that "since at least April 2017,civilian authorities,members of the armed forces and pro-government individuals have committed the crimes against humanity",and on 2021 ICC Prosecutor Karim Khan announced the opening of an investigation regarding the situation in the country.
The Prosecutor of the International Criminal Court (ICC),Fatou Bensouda,on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by Israeli personnel or members of Hamas and other Palestinian armed groups since 13 June 2014. The allegations include the establishing of illegal West Bank settlements and violations of the law of war by personnel of the Israeli Defence Forces during the 2014 Gaza War,including claims of targeting Red Cross installations. Members of armed Palestinian organizations,including Hamas,were accused of deliberately attacking Israeli civilians and using Palestinians as human shields. Israel is not a member of the ICC and disputes its jurisdiction on the basis that Palestine is not a sovereign state capable of being a party to the Rome Statute,and Israeli Prime Minister Benjamin Netanyahu repeatedly condemned the allegations and investigation. According to ICC chief prosecutor Karim Ahmad Khan,suspected war crimes by Israelis on Palestinian territory and by Palestinians on Israeli territory during the 2023 Israel–Hamas war are within the jurisdiction of the Palestine investigation.
Victor P. Tsilonis,also known as Viktor P. Tsilonis,is the CEO and principal legal counsel of NEWLAW law firm,an international jurist,and was Greece's nominee for the 2020 judicial elections of the International Criminal Court,which is based in The Hague,Netherlands. He is also a member of the International Criminal Court Bar Association (ICCBA),currently serving as the Chairman of the ICCBA Professional Standards Advisory Committee,while formerly being ICCBA Vice President for Victims (2021-2022). In 2019-2020 he was also elected as a Vice President for Victims and served simultaneously as the Chairman of the Professional Standards Advisory Committee. Moreover,Tsilonis initially served a four-year term (2018–2022) as an elected ICC Disciplinary Board Alternate Member and has tried four disciplinary cases under this capacity,while now is a Member of the ICC Appeals Disciplinary Board (2023-2027).
The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes,crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards",on an "open-ended basis",covering the Revolution of Dignity,the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia,the war in Donbas and the 2022 Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022,after receiving referrals for the situation in Ukraine from 39 ICC State Parties.
The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law,and under some countries' domestic criminal codes –including those of Ukraine and Russia –although procedural obstacles exist to prosecutions under these laws.
The International Criminal Court opened a proprio motu investigation in the Situation in Georgia on 27 January 2016 to look into war crimes and crimes against humanity that may have occurred in and around South Ossetia in the context of an international armed conflict between Georgia and Russia between 1 July and 10 October 2008. The investigation phase was announced to have been completed on 16 December 2022. In the course of it,the three high-ranking officials in the Russian-backed South Ossetian government —remaining at large as of the time of the announcement —were subjected to arrest warrants for crimes committed against Georgian civilians. The fourth suspect,a senior Russian general,was not indicted as he had died in 2021.
On 17 March 2023,following an investigation of war crimes,crimes against humanity and genocide,the International Criminal Court (ICC) issued arrest warrants for Vladimir Putin,the President of Russia,and Maria Lvova-Belova,Russian Commissioner for Children's Rights,alleging responsibility for the war crime of unlawful deportation and transfer of children during the Russo-Ukrainian War. The warrant against Putin is the first against the leader of a permanent member of the United Nations Security Council.