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ICC restricts prosecutor over Israel arrest warrant moves

The court has reportedly barred ICC Chief Prosecutor Karim Khan from publicly disclosing the existence of arrest warrant applications related to the Gaza War.

International Criminal Court Chief Prosecutor Karim Khan announces he has applied for arrest warrants for Israeli leaders, May 20, 2024. Credit: ICC.
International Criminal Court Chief Prosecutor Karim Khan announces he has applied for arrest warrants for Israeli leaders, May 20, 2024. Credit: ICC.

The International Criminal Court has imposed new restrictions on its chief prosecutor, Karim Khan, following reports on Monday that he is seeking additional arrest warrants against Israeli officials, according to The Guardian.

Sources within the court told the British newspaper that Khan recently submitted or is preparing to submit new warrant requests, at least one of which has either been approved or is close to approval. The identity of the warrant’s target is reportedly being kept confidential, reflecting a growing rift between Khan and ICC judges over his approach—particularly his public announcements regarding sensitive investigations.

The prosecutor’s office declined to confirm or deny the existence of any new, unpublished arrest warrants. In a statement, Khan’s office emphasized that any warrant request is based on a “thorough, independent, and objective investigation.”

This development comes just days after ICC judges agreed to re-examine the court’s jurisdiction in the arrest warrant proceedings concerning Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant. The decision is seen as a procedural win for Israel, potentially delaying any enforcement of arrest warrants until the jurisdiction question is resolved by a smaller panel of judges. Khan has repeatedly asserted both he and the court have jurisdiction over Israel, a claim Jerusalem, which is not a signatory to the Rome Statute that established the court, consistently and vehemently denies.

According to court sources, the new warrants reportedly focus on alleged crimes committed in Judea and Samaria. The tension between Khan and ICC judges appears to stem from his pattern of publicly announcing his intentions to pursue arrest warrants—a sharp departure from the discretion exercised by his predecessors. The judges have expressed concern that these announcements may harm the court’s credibility and interfere with its work.

This is not the first time Khan has faced criticism for his communication style. In recent years, he has also made public statements about plans to pursue warrants related to Myanmar, Afghanistan and Sudan. These moves reportedly frustrated both judges and members of his own team, who worried that such disclosures could be seen as exerting undue public pressure on the judicial process.

In response, the ICC has now barred Khan from disclosing, or even hinting at, the existence of arrest warrant applications related to the Gaza war. He must now seek prior approval from ICC judges before releasing any new information related to that case.

The rare public friction underscores deeper tensions within the court, as it navigates politically charged cases and growing international scrutiny.

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