Karim Khan: The British ICC chief prosecutor pursuing Israel’s Netanyahu
The British barrister has developed a strong reputation as an international criminal law and human rights lawyer.
He has been described as an “independent, fearless and pragmatic prosecutor”, but to many, the ICC chief prosecutor Karim Khan is known best as the man pursuing Israel’s prime minister for crimes including murder and persecution.
In a career that has spanned more than three decades, the British barrister has developed a strong reputation as an international criminal law and human rights lawyer.
He has defended people such as Charles Taylor, the former president of Liberia, and William Ruto, the current president of Kenya.
But most recently, his name has made headlines after his controversial request to the International Criminal Court (ICC) to issue arrest warrants for the Israeli Prime Minister Benjamin Netanyahu and his former defence minister, Yoav Gallant.
According to his CV, published online by the ICC, he worked as a crown prosecutor at the Crown Prosecution Service of England and Wales and, later, a senior prosecutor until 1996.
A year later, Mr Khan began to work for the International Criminal Tribunal for the former Yugoslavia (ICTY) and Rwanda (ICTR), courts set up by The Hague to prosecute war crimes both during the Yugoslav Wars and in Rwanda, respectively.
From there, he worked his way up in special courts in The Hague and developed a reputation as a defence lawyer.
He controversially helped to defend Charles Taylor against allegations of war crimes, and William Ruto in a crimes-against-humanity case at the ICC.
The latter was dropped in 2016 after a successful “no case to answer” submission by the defence.
In February 2021, Mr Khan was elected chief prosecutor at the ICC and was sworn in on June 16.
Professor Philippe Sands, who has known Mr Khan since teaching him international law at KCL, told The Guardian in 2022: “All the signs are that he will have the capacity to be an independent, fearless and pragmatic prosecutor.
“He’s had an extremely impressive career as an advocate. He’s got huge experience and brings to that job real knowledge and experience of what it means to prepare, conduct and litigate an international criminal trial.”
Mr Khan has said he believed the ICC should act swiftly on allegations, telling the International Bar Association last year: “There’s no statute of limitations for war crimes.
“There has to be a more acute realisation that when people are in terror and fearing for their lives, the law has to be seen to be relevant to them. It can’t be this approach that we take a decade before we move.”
He also visited Israel and the Palestinian territories in December 2023, and spoke to the families of victims of the October 7 attacks carried out by Hamas.
He said afterwards: “During this mission, I had a simple message, my office is here to ensure that the protection of the law is felt by all.”
In May this year Mr Khan sought arrest warrants for Mr Netanyahu and Mr Gallant, accusing them of crimes including murder, intentionally attacking civilians and persecution.
In a statement, Mr Khan alleged that Israel “has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival”, by closing border crossings into the territory and restricting essential supplies.
At the same time, he accused three Hamas leaders, Mohammed Deif, Yahya Sinwar and Ismail Haniyeh, of crimes linked to the October 7 attacks.
A three-judge panel reached a unanimous decision to issue the warrants on November 21.
Mr Netanyahu and other Israeli leaders have condemned the decision as antisemitic, with the prime minister saying Israel “rejects with disgust the absurd and false actions”.
In a statement released by his office, Mr Netanyahu said: “There is nothing more just than the war that Israel has been waging in Gaza.”
US President Joe Biden has previously criticised the prosecutor and expressed support for Israel’s right to defend itself against Hamas. Hamas also condemned Mr Khan’s request.
The chief prosecutor’s controversial decision to seek the arrest warrants has coincided with an investigation into allegations of sexual misconduct.
According to an article published in The Guardian in October, the accusations include claims of unwanted sexual touching and “abuse” over an extended period, as well as coercive behaviour and abuse of authority.
On November 21, the Assembly of States Parties (ASP) said it would open an outside investigation into the claims.
ASP president Paivi Kaukoranta said in a statement: “An external investigation is therefore being pursued in order to ensure a fully independent, impartial and fair process.”
The Associated Press reported that Mr Khan has categorically denied the accusations and declined to step down during the investigation.
In his own statement on Monday, Mr Khan reportedly said he was aware of the new investigation and had requested that his two deputy prosecutors take responsibility for the matter internally.
He said he welcomed “the opportunity to engage in this process”, adding: “I will be continuing all other functions as prosecutor, in line with my mandate, across situations addressed by the International Criminal Court.”
The PA news agency has approached Mr Khan for comment.
