The International Criminal Court (ICC) Prosecutor, Karim Khan, has defended his decision to pursue war crimes charges against Israeli Prime Minister Benjamin Netanyahu. Khan stated that Israel had made “no real effort” to investigate the allegations independently, prompting the ICC’s involvement.
War Crimes Allegations by ICC and Arrest Warrants
In November 2024, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Chief Yoav Gallant, and Hamas leader Ibrahim Al-Masri. The allegations pertain to war crimes and crimes against humanity during the Gaza conflict.
Israel has rejected the ICC’s jurisdiction and denied the accusations of war crimes. The United States, a key ally of Israel and also not a member of the ICC, criticized the arrest warrants.
ICC Prosecutor’s Stance on Israel’s Legal Efforts
Khan, in an interview with Reuters, emphasized the ICC’s role as a “court of last resort,” explaining that the court intervenes only when a country fails to conduct credible investigations.
“We’re here as a court of last resort, and … as we speak right now, we haven’t seen any real effort by the State of Israel to take action that would meet the established jurisprudence,” Khan said. He also expressed hope that Israel might still demonstrate its willingness to investigate, even after the warrants were issued.
While acknowledging Israel’s strong legal framework, Khan questioned whether it had been adequately applied to scrutinize alleged crimes in the occupied Palestinian territories. “And I think the answer to that was ‘no,'” he said.
ICC’s Criticism from the United States
The U.S. House of Representatives recently passed the “Illegitimate Court Counteraction Act,” signaling its support for Israel and opposing the ICC’s actions. ICC officials expressed concern over the legislation, warning that it could undermine justice for victims of atrocities.
This tension is reminiscent of former U.S. President Donald Trump’s administration, which imposed sanctions on the ICC in 2020 over its investigations into alleged war crimes in Afghanistan, including accusations against U.S. citizens. Although these sanctions were lifted under President Joe Biden, the possibility of their return under Trump’s imminent presidency looms large.
History and Purpose of the ICC
The ICC, established in 1998, is tasked with prosecuting individuals for war crimes, genocide, crimes against humanity, and aggression. Its creation marked the transition from temporary war crimes tribunals, such as those following World War II, to a permanent institution for international justice.
Khan highlighted the ICC’s legacy as rooted in the principles of the Nuremberg trials. “It is of course unwanted and unwelcome that an institution that is a child of Nuremberg … is threatened with sanctions,” he said.
As the ICC navigates increasing political resistance, Khan remains firm in his belief that justice should prevail. He urged global leaders and citizens to reflect on the importance of holding individuals accountable for war crimes. “This court is not owned by the prosecutor or by judges. We have 125 states,” he noted.
