Allegations of UK Government Threats to the ICC Over Netanyahu Arrest Warrants

Karim Khan, the former chief prosecutor of the International Criminal Court (ICC), has alleged that a senior official from the previous UK government threatened to withdraw funding from the ICC and exit the Rome Statute if the court proceeded with arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. This claim was made in a submission to the ICC, detailing a phone call that occurred on April 23, 2024, during which the unnamed official reportedly argued that pursuing the warrants would be disproportionate. Speculation suggests that the official in question was then-Foreign Secretary David Cameron.

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The ICC's decision to pursue arrest warrants against Netanyahu and Gallant stems from allegations of war crimes during Israel's military operations in Gaza, particularly following the October 7, 2023, attacks by Hamas. Khan's investigation into these allegations began shortly after the attacks, and by early 2024, he had convened a panel of international law experts to assess whether there were sufficient grounds for the warrants. The panel concluded that the evidence warranted action, leading to the formal request for arrest warrants on May 20, 2024.

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Khan's submission also highlighted significant pressure from both UK and US officials to abandon the warrant applications. In addition to the threats from the UK, Khan reported that a US official warned him of "disastrous consequences" if the warrants were issued. On May 1, 2024, US Senator Lindsey Graham cautioned Khan that pursuing the warrants could lead to severe repercussions, including threats to Israeli hostages held by Hamas.

Times of Israel

Khan has consistently maintained that his decision to pursue the warrants was based on legal grounds and not influenced by the allegations of sexual misconduct that surfaced shortly thereafter. He emphasized that the warrant applications were prepared before he became aware of these allegations, which he described as an attempt to undermine his impartiality. In his defense, Khan characterized the pressure he faced as a "campaign of threats" aimed at deterring the ICC from acting on the warrants.

Times of Israel

Critics of Khan's actions, including Israeli officials, have accused him of rushing the warrant applications in light of the misconduct allegations. Israel has filed an appeal to the ICC, seeking to bar Khan from involvement in ongoing cases against Israeli officials, arguing that he lacks impartiality. Furthermore, some UK politicians, including former Scottish First Minister Humza Yousaf and independent MP Jeremy Corbyn, have called for investigations into the alleged threats made during the phone call between Khan and Cameron.

Middle East Eye

While Khan's submission claims that the threats were made during a phone call, sources close to Cameron have suggested that the conversation was more about highlighting potential political consequences rather than issuing a direct threat. This discrepancy raises questions about the nature of the communication and the motivations behind it.

Middle East Eye

• “Khan said the official had argued that issuing arrest warrants against Netanyahu and Yoav Gallant, the former Israeli defence minister, was disproportionate.” — Unnamed UK Official

The Guardian

• “Hamas may as well shoot Israeli hostages.” — US Senator Lindsey Graham

Times of Israel

• “conjecture from select media reports” — Karim Khan

Times of Israel

The situation surrounding the ICC's actions against Israeli officials continues to evolve, with significant implications for international law and diplomatic relations.

Times of Israel