UK Government's Alleged Threat to ICC Prosecutor Raises Concerns Over Judicial Independence

The UK government has confirmed that a phone call took place on April 23, 2024, between David Cameron, then Foreign Secretary, and Karim Khan, the Chief Prosecutor of the International Criminal Court (ICC). This confirmation follows a Freedom of Information request by Unredacted, a research unit at the University of Westminster. The Foreign, Commonwealth and Development Office acknowledged that Cameron was the only participant in the call, which has been described by Khan as a threatening conversation regarding his investigation into alleged Israeli war crimes in Gaza.

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During the call, Cameron allegedly warned Khan that pursuing arrest warrants against Israeli leaders, including Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, would have severe repercussions. He reportedly stated that such actions would be "like dropping a hydrogen bomb" and threatened to withdraw UK funding from the ICC if the warrants were issued. Cameron's comments suggested a distinction between prosecuting Russia for its actions in Ukraine and prosecuting Israel, which he claimed was "defending itself" from attacks.

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Legal experts have expressed concern that Cameron's alleged threats could constitute an attack on judicial independence, potentially violating the Rome Statute and British law regarding obstruction of justice. Two British Members of Parliament have urged Prime Minister Keir Starmer to initiate an independent investigation into these allegations, emphasizing that coercive actions against the ICC could breach Article 70 of the Rome Statute, which prohibits interference with judicial processes.

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The allegations come amid a broader context of pressure on the ICC from Israel and its allies, particularly the United States, which has imposed sanctions on Khan and other ICC officials. Since Khan's announcement of the warrant applications, there has been a concerted effort to undermine his authority and the court's jurisdiction over the situation in Palestine. This includes challenges to the ICC's jurisdiction and attempts to disqualify Khan based on claims of bias.

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While the Foreign Office has confirmed the existence of the call, it has refrained from commenting on the allegations made by Khan. Cameron has not publicly responded to requests for clarification regarding his statements during the call. Sam Raphael, a professor of International Relations and Human Rights, remarked that the UK government failed in its duty to support accountability for genocide, highlighting the implications of Cameron's alleged threats on the integrity of international law.

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• “This raises serious questions about the role of a senior minister in threatening the impartiality of the ICC, especially given the myriad forms of military, intelligence and diplomatic support provided by the UK to Israel at the time,” — Sam Raphael, Professor of International Relations and Human Rights

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• “Cameron then said that if the ICC issued warrants for Israeli leaders, the UK would “defund the court and withdraw from the Rome Statute”.” — Alleged statement by David Cameron during the call.

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• “It is increasingly clear that the UK under the last government failed in this duty.” — Sam Raphael, reflecting on the UK's role in international accountability.

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The situation remains fluid as calls for an investigation into Cameron's actions continue. The ICC is currently facing significant challenges regarding its jurisdiction over the Israel-Palestine situation, and the outcome of these developments could have lasting implications for international law and the court's authority.

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