The prosecutor of the International Criminal Court (ICC), which has come under intense scrutiny following its recent decision to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three leaders of the Palestinian group Hamas, has made a scathing revelation that has put further doubt on the impartiality of the court in prosecuting international crimes.
The ICC prosecutor Karim Khan, who announced the decision on Monday, sparked a significant geopolitical debate, with Israel and its key allies led by the United States, crying blue murder.
In an exclusive interview with CNN, Khan defended the ICC’s mandate to prosecute war criminals without bias or discrimination. He however made some shocking revelation that alludes to the growing belief that the ICC is biased.
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“Of course, I have heard some elected [ICC] leaders speak to me and be very blunt: ‘This court is built for Africa and for thugs like Putin’, was what a senior leader told me,” Khan disclosed.
In the wake of the ICC’s move to arrest and prosecute Israeli leaders, this revelation has cast a shadow on the core mission of the court, prompting a clarification from Khan.
“We don’t view it like that. This court is the legacy of Nuremberg. This court is a certain indictment of humanity. This court should be the triumph of law over power and brute force; grab what you can, take what you want, do what you will, and we are not going to be dissuaded by threats,” he said.
The prosecutor’s office announced on Monday its intention to seek arrest warrants for Netanyahu, Gallant, and three Hamas leaders on charges of war crimes and crimes against humanity. Alongside Yahya Sinwar, the Hamas leader in Gaza, the ICC seeks to issue warrants for the military wing’s commander-in-chief Mohammed Deif, and its political leader Ismail Haniyeh. These leaders are accused of orchestrating and committing severe violations during the ongoing conflict in Gaza.
The ICC’s decision has been met with strong opposition from Israel and the United States. President Joe Biden publicly rejected the ICC’s application for arrest warrants, calling the move “outrageous.” Speaking at a Jewish American Heritage Month event, Biden stated, “There is no equivalence between Israel and Hamas,” reinforcing the U.S. stance that the ICC does not have jurisdiction over Israel.
Republican lawmakers in the U.S. have echoed Biden’s condemnation, with Senator Tom Cotton and House Speaker Mike Johnson leading calls for sanctions against the ICC.
“My colleagues and I look forward to make sure neither Khan, his associates nor their families will ever set foot again in the United States,” Cotton asserted.
Johnson said, “The ICC has no authority over Israel or the United States, and today’s baseless and illegitimate decision should face global condemnation.”
Khan’s comments to CNN highlighted a persistent critique of the ICC: its perceived focus on prosecuting individuals from the developing world, particularly Africa, while seemingly overlooking alleged war crimes by leaders of wealthier nations or allies of the US. This perception has fueled accusations of hypocrisy and selective justice. Historically, the majority of those indicted by the ICC have been from Africa, leading to claims of a biased approach.
Social media has been abuzz with reactions, with many commentators pointing out the contradiction in the unnamed official’s remarks. The ICC’s mandate, rooted in the legacy of the Nuremberg Trials, aims to uphold international justice impartially, a principle Khan reiterated during his interview.
The ICC’s actions come against the backdrop of a devastating humanitarian crisis in Gaza. Since Israel began military operations on October 7, over 35,000 Palestinians, predominantly women and children, have been killed. Additionally, at least 10,000 people are missing, presumed dead under the rubble, according to Palestinian civil defense officials. The scale of destruction has intensified calls for accountability and justice from the international community.
The arrest warrants sought by Khan will now be reviewed by the judges at the ICC, who will decide whether to grant them. This process marks a critical juncture for the ICC as it navigates the complex legal and diplomatic terrain of the Israeli-Palestinian conflict. The court’s ability to act on these warrants could significantly impact its credibility and the broader landscape of international justice.
Reactions from the international community have been mixed. Switzerland’s UN envoy, Pascale Baeriswyl, expressed full support for the ICC, emphasizing the importance of respecting its independence.
France and Belgium have also backed the court’s actions, stressing the need to combat impunity for war crimes.
“France supports the International Criminal Court, its independence, and the fight against impunity in all situations,” stated the French foreign ministry.