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. [25] According to Khan, the bar for evidence that a hospital, school, or place of worship is being used for military purposes is very high. [26] 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. [27] 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. [28] 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. [29] [30]

On 24 April 2024, Khan was sent a letter signed by 12 Republican U.S. senators [a] 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" [32] – which specifically includes "all means". [33] [34] 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." [35]

On 20 May 2024, on the advice of a panel of legal experts, [b] 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. [37] [38] 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. [39] [40] Both accusations were rebuffed by Kenneth Roth. [41] English barrister Natasha Hausdorff said the ICC has no jurisdiction to investigate the events taking place in Israel or Gaza. [42]

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." [43] Government representatives of Australia, [44] France, Spain, Ireland, Belgium, Switzerland, Austria, Slovenia, Denmark, Norway, Chile, Canada, South Africa, Maldives, Oman and Jordan expressed support for the ICC independence. [45] 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." [46] Israeli left-wing organization B'Tselem said: "The era of impunity for Israeli decision-makers is over." [47] In June 2024, 93 nations including the aforementioned reiterated their support for the ICC's independence. [48]

In October 2024, following the killing of Yahya Sinwar, The Wall Street Journal wrote that "The moral equivalence was offensive, but now that all three Hamas chiefs have been killed, Israel has stripped Mr. Khan of his fig leaf.". [49]

Allegations of sexual misconduct

In October 2024, Khan faced accusations of groping a female aide, following a whistleblower report. [50] [51] The alleged victim refused to explicitly confirm or deny the allegations, [51] 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. [51] [52] [53] 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." [52] [54] The Guardian reported that Khan tried to persuade the complainant to deny the claims, which Khan denied. [55]

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. [56]

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"; [57] similarly, Khan's ICC colleagues implied the allegations were part of an Israeli smear campaign. [55] 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. [58] 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. [55]

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. [59] 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, [60] 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. [61]

Personal life

Khan's father, a consultant dermatologist, was born in Mardan, North West Frontier of what was then British India. [62] His mother, a state registered nurse, was born in the United Kingdom. [63] Khan is a member of the Ahmadiyya Community. [64] [65] He was first married to Yasmin Rehman Mona, the daughter of the fourth caliph of the Ahmadiyya Community, Mirza Tahir Ahmad. He is currently married to Dato Shyamala Alagendra, a Malaysian lawyer. He has two sons. He has a sister and two brothers, [62] one of whom is the former British Conservative MP Imran Ahmad Khan. [66]

Notes

  1. ↑ 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. [31]
  2. ↑ 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 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. [36]

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References

  1. ↑ Khan, Karim A.A. (20 May 2024). "Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine". icc-cpi.int. International Criminal Court. Archived from the original on 20 May 2024. Retrieved 20 May 2024.
  2. ↑ Ray, Siladitya (20 May 2024). "ICC Seeks Arrest Warrants For Benjamin Netanyahu And Hamas Leader Yahya Sinwar". Forbes . Archived from the original on 22 May 2024. Retrieved 22 May 2024.
  3. ↑ Kottasová, Ivana (20 May 2024). "EXCLUSIVE: ICC seeks arrest warrants against Sinwar and Netanyahu for war crimes over October 7 attack and Gaza war". CNN. Archived from the original on 20 May 2024. Retrieved 20 May 2024.
  4. ↑ "Khan, Karim Asad Ahmad, (born 30 March 1970), QC 2011; barrister; a Recorder, since 2018; Chief Prosecutor, International Criminal Court, since 2021." Who's Who & Who Was Who. 1 Dec. 2011
  5. ↑ "British barrister to lead UN probe into ISIS crimes in Iraq". Rudaw. 31 May 2018. Retrieved 14 February 2021.
  6. ↑ "Karim A. A. Khan KC". Temple Garden Chambers. Retrieved 20 May 2024.
  7. 1 2 3 4 "ICC: New chief prosecutor divides opinions in Africa". Deutsche Welle . 15 June 2021. Retrieved 18 March 2023.
  8. 1 2 3 4 5 Simons, Marlise (20 May 2024). "Who Is Karim Khan, the I.C.C. Prosecutor?". The New York Times . Retrieved 21 May 2024.
  9. 1 2 Migiro, Katy (30 May 2017). "British lawyer shines light on 'dark shadows' of colonial evictions". Reuters . Retrieved 21 May 2024.
  10. ↑ "S/RES/2379 : UN Documents : Security Council Report". www.securitycouncilreport.org. Retrieved 3 February 2019.
  11. ↑ "Mr. Karim Asad Ahmad Khan of the United Kingdom - Special Adviser of the Investigative Team established pursuant to Security Council resolution 2379 (2017) | United Nations Secretary-General". www.un.org. 18 May 2018. Retrieved 30 October 2023.
  12. ↑ "U.N. team, approved a year ago, starts work on Islamic State crimes in Iraq". Reuters . 23 August 2018. Retrieved 30 October 2023.
  13. ↑ "Mr. Karim A.A. Khan QC, Special Adviser and Head of UNITAD meets with His Eminence Grand Ayatollah Ali Al-Sistani". www.uniraq.org. Retrieved 3 February 2019.
  14. ↑ "المجمع الفقهي العراقي" [Iraqi Fiqh Council]. www.facebook.com. Retrieved 3 February 2019.
  15. ↑ "وفد من الأمم المتحدة يزور البطريركية" [A delegation from the United Nations visits the Patriarchate]. البطريركية الكلدانية (in Arabic). Retrieved 3 February 2019.
  16. ↑ "British barrister Karim Khan elected ICC's new chief prosecutor". the Guardian. 12 February 2021. Retrieved 14 February 2023.
  17. ↑ "British human rights lawyer elected chief prosecutor of the International Criminal Court". UN News. 12 February 2021. Retrieved 30 October 2023.
  18. ↑ "Newly elected ICC Prosecutor Karim Asad Ahmad Khan QC to be sworn in on 16 June 2021: Practical information". www.icc-cpi.int. 10 June 2021. Retrieved 21 May 2024.
  19. ↑ Stéphanie Maupas (28 September 2021). "The ICC prosecutor suspends the investigation into torture in secret CIA prisons". Le Monde . Retrieved 29 September 2021..
  20. ↑ "Crime scene' call Court". BBC News. 13 April 2022.
  21. ↑ Borger, Julian (13 March 2023). "ICC to issue first arrest warrants linked to Russia's invasion of Ukraine". The Guardian. Retrieved 14 March 2023.
  22. ↑ "Russia adds ICC prosecutor who sought Putin's arrest to wanted list". Reuters. 19 May 2023. Retrieved 30 October 2023.
  23. ↑ "ICC war crimes prosecutor ´wanted´ in Russia over Putin warrant". Al Jazeera. 20 May 2023. Retrieved 4 October 2024.
  24. ↑ Situation in Ukraine: ICC judges issue arrest warrants against Sergei Kuzhugetovich Shoigu and Valery Vasilyevich Gerasimov, International Criminal Court, 25 June 2024, Wikidata   Q126902384, archived from the original on 25 June 2024
  25. ↑ "Why Israel's push into Gaza is killing so many children". Business Insider. 31 October 2023.
  26. ↑ Khan, Karim (10 November 2023). "We are witnessing a pandemic of inhumanity: to halt the spread, we must cling to the law". The Guardian.
  27. ↑ "Israel is committing war crimes in Palestinian territories, five nations charge". The Jerusalem Post . 17 November 2023.
  28. ↑ "South Africa alleges Israel violating ruling to prevent Gaza deaths". The Hill. 1 February 2024.
  29. ↑ Lazar Berman (19 April 2024). "Netanyahu's office hosts emergency talks on feared ICC warrants for PM, ministers". The Times of Israel . Wikidata   Q125585705. Archived from the original on 24 April 2024.
  30. ↑ "Israel council discusses avoiding ICC arrest warrants against Netanyahu, Gallant, Halevi". Middle East Monitor . 25 April 2024. Retrieved 25 April 2024.
  31. ↑ https://www.politico.com/f/?id=0000018f-4e0e-d759-a9ff-ff4ee9420000 [ bare URL ]
  32. ↑ Taylor, Adam (16 March 2023). "The United States and ICC have an awkward history". The Washington Post. Retrieved 22 May 2024.
  33. ↑ Republican US senators sent threatening letter to ICC prosecutor over possible Netanyahu arrest warrant In: jurist.org, 6. Mai 2024
  34. ↑ Anklage gegen Israel: US-Senatoren bedrohen Chefankläger des Strafgerichtshofes In: telepolis.de, 7 May 2024
  35. ↑ Republican US senators sent threatening letter to ICC prosecutor over possible Netanyahu arrest warrant In: jurist.org, 6 May 2024
  36. ↑ Amal Clooney and Marko Milanović, 'Panel of Experts Publishes Report Supporting ICC Arrest Warrant Applications for Crimes in Israel and Palestine,' European Journal of International Law 20 May 2024.
  37. ↑ Kingsley, Patrick; Bigg, Matthew Mpoke (20 May 2024). "International Criminal Court Prosecutor Requests Warrants for Netanyahu and Hamas Leaders". The New York Times . Retrieved 21 May 2024.
  38. ↑ "Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine". www.icc-cpi.int. 20 May 2024. Retrieved 21 May 2024.
  39. ↑ Netanyahu, Benjamin (20 May 2024). "Statement by PM Netanyahu". Prime Minister's Office . Archived from the original on 21 May 2024. Retrieved 26 May 2024.
  40. ↑ Bowen, Jeremy (21 May 2024). "What ICC arrest warrants mean for Israel, Benjamin Netanyahu and Hamas". BBC . Archived from the original on 25 May 2024. Retrieved 21 May 2024.
  41. ↑ Kenneth Roth, 'Why is the west defending Israel after the ICC requested Netanyahu's arrest warrant?,' The Guardian 20 May 2024:'Using the common last resort for defenders of Israel, Netanyahu accused Khan of “callously pouring gasoline on the fires of antisemitism that are raging across the world”, claiming that “Khan takes his place among the great antisemites in modern times”. This is rich from an Israeli leader who has had no trouble embracing an antisemite – the Hungarian prime minister, Viktor Orbán – when it serves him. It also endangers Jews around the world, because if people see the charge of antisemitism as a thin cover for Israeli war crimes, it will cheapen the concept at a time when a strong defense is needed.'
  42. ↑ מתן חסידים (June 19, 2024). "עורכת הדין הבריטית נטשה האוסדורף מושיבה את האג על ספסל הנאשמים", מָקוֹר רִאשׁוֹן.
  43. ↑ "ICC faces reprisal threats from Congress over potential Netanyahu arrest warrant". Axios. 20 May 2024.
  44. ↑ Sarah Basford Canales; Paul Karp (21 May 2024). "Australia respects ICC's independence after Netanyahu arrest warrant request, government says". The Guardian . ISSN   0261-3077. Wikidata   Q126039035. Archived from the original on 21 May 2024.
  45. ↑ "West divided over ICC arrest warrants for Netanyahu, Gallant". Anadolu Agency . 22 May 2024. Archived from the original on 22 May 2024.
  46. ↑ "Biden at odds with allies as U.S. and Israel attack ICC over arrest warrants". NBC News. 21 May 2024.
  47. ↑ "World reacts to ICC prosecutor seeking Israel, Hamas arrest warrants". Al Jazeera. 20 May 2024.
  48. ↑ Holly Hales (15 June 2024). "Australia among 93 countries in show of support for ICC". Australian Associated Press.
  49. ↑ Editorial Board (20 October 2024). "After Sinwar, the ICC Stands Exposed". The Wall Street Journal . Archived from the original on 21 October 2024. Retrieved 28 October 2024.
  50. ↑ "Karim Khan, ICC prosecutor seeking war crimes charges against Israel's Netanyahu, accused of sexual misconduct - CBS News". www.cbsnews.com. 25 October 2024. Retrieved 28 October 2024.
  51. 1 2 3 Editorial Board (23 October 2024). "A Mess at the International Criminal Court" . The Wall Street Journal . Archived from the original on 26 October 2024. Retrieved 28 October 2024.
  52. 1 2 Meijer, Bart; Deutsch, Anthony (24 October 2024). "International Criminal Court's prosecutor denies misconduct allegation". Reuters . Editing by Peter Graff and Gareth Jones.
  53. ↑ Goodman, Joshua; Quell, Molly (25 October 2024). "International Court Prosecutor Who Charged Netanyahu Faces Sexual Misconduct Accusation". AP News . Retrieved 25 October 2024.
  54. ↑ Siddique, Harun (24 October 2024). "International criminal court's prosecutor faces misconduct allegation". The Guardian.
  55. 1 2 3 Davies, Harry; Flummerfelt, Robert (27 October 2024). "ICC prosecutor allegedly tried to suppress sexual misconduct claims against him". The Guardian. ISSN   0261-3077 . Retrieved 28 October 2024.
  56. ↑ "Karim Khan, ICC prosecutor seeking war crimes charges against Israel's Netanyahu, accused of sexual misconduct - CBS News". www.cbsnews.com. 25 October 2024. Retrieved 2 November 2024.
  57. ↑ "ICC prosecutor faces 'smear campaign' amid Israel war crimes probe". Middle East Monitor. 23 October 2024.
  58. ↑ Davies, Harry (28 May 2024). "Revealed: Israeli spy chief 'threatened' ICC prosecutor over war crimes inquiry". The Guardian. ISSN   0261-3077 . Retrieved 24 October 2024.
  59. ↑ Karim Khan: Curriculum Vitae
  60. ↑ "PJI Directors - Peace and Justice Initiative". www.peaceandjusticeinitiative.org. 2023. Retrieved 30 October 2023.
  61. ↑ "ICCBA-ABCPI | Welcome - Bienvenue". Archived from the original on 22 August 2018. Retrieved 22 August 2018.
  62. 1 2 "Saeed Ahmad Khan Bernard Hugh Pentney Harry Munro Archibald Roger Cooper Francis Thomas ("Frank") Doleman Malvina ("Malca") Harris Muwaffak Abdul Hussain Andrew Waring Jowett Richard Baillie ("Dick") Laidlaw Frances Elizabeth O'Connor-Wilson (Nee O'Connor) Thomas Richardson Alfred Sands ("Alf") Rogen Thomas Edward Tasker Pauline Jane Watson". BMJ. 314 (7076): 308. 25 January 1997. doi:10.1136/bmj.314.7076.308.
  63. ↑ Rehan, Ehsan (1 June 2018). "British-Pakistani lawyer to lead UN investigation against ISIS". Rabwah Times . Retrieved 14 June 2021.
  64. ↑ Feria-Tinta, Monica; Khan, Karim (2 July 2021). "Laws of humanity: Karim Khan QC". Counsel . Archived from the original on 7 July 2021. Retrieved 26 May 2024. "This is the full version of Monica Feria-Tinta's interview with Karim Khan QC; an abridged version appeared in the July 2021 print issue of Counsel magazine."{{cite web}}: CS1 maint: postscript (link)
  65. ↑ Khan, Karim (23 February 2006). "My Life With Hazur" (PDF). Ahlul Bayt Digital Islamic Library Project . pp. 78–85. Archived (PDF) from the original on 23 February 2006. Retrieved 23 February 2006.
  66. ↑ Gye, Hugo (18 June 2021). "Conservative MP Imran Ahmad Khan faces trial over claim he sexually assaulted a teenage boy". I . Retrieved 11 April 2022.
Karim Ahmad Khan
KC
Gesprek met ICC hoofdaanklager Karim Khan 16 (cropped).jpg
Khan in 2022
Prosecutor of the International Criminal Court
Incumbent
Assumed office
16 June 2021
Legal offices
Preceded by Prosecutor of the International Criminal Court
2021 -		Incumbent
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