AMMAN, Jordan, May 22 (IPS) – The recent move by the International Criminal Court (ICC) Prosecutor to seek arrest warrants related to the Situation in Palestine marks a significant milestone. However, it falls short of giving Prosecutor Karim Khan much credit.
It is evident that Khan has delayed action on this issue for years, perhaps in hopes that it would fade away. But two main factors forced his hand.
Firstly, his decision in 2023 to indict senior Russian officials, contrary to his earlier pledge to only pursue cases referred by the UN Security Council, including avoiding investigations into Afghanistan and Palestine that were opposed by the US and UK. This reversal of commitment, paired with the escalating violence in Gaza in 2024, made it increasingly difficult for Khan to ignore the Palestine investigation.
Secondly, the growing global outcry against his inaction became too loud to dismiss. Despite his inclination to align with the preferences of the US, UK, and Israel – the key backers of his ICC prosecutor campaign – the pressure for action became overwhelming.
Khan claims his office has been investigating the Palestine situation since early 2021, examining violations of the Rome Statute since 2014. However, it appears his focus only arose in October 2023.
His recent applications for arrest warrants address current issues in Gaza but omit broader offenses like apartheid, illegal settlements, previous Israeli attacks on Gaza, and sniper attacks during the 2018 Great March of Return.
With a keen eye on political alignments, Khan indicted three Hamas leaders but only two Israeli officials, raising questions about his selective approach. Why pursue Hamas leaders not directly involved in the 2023 attacks, but not Israeli officials who openly targeted Palestinian civilians?
His silence on genocide, a crime specified in the Rome Statute, is conspicuous. While the International Court of Justice may delve into Israel’s genocide responsibility, the ICC focuses on individual criminal accountability.
Khan’s actions seem to reflect political maneuvering. While attempting to appease Washington, he risks backlash from the US for challenging Israel’s impunity. Now, Washington may push to shield only Khan and Hamas from accountability, violating the ICC’s procedures and Rome Statute. Will Khan resist this pressure or turn a blind eye?
Despite the flaws in Khan’s approach, this development carries immense significance. Alongside the ICJ’s genocide case, it challenges Israel’s exceptional status and holds it accountable for its actions, shifting the focus from historic narratives to present realities.
Mouin Rabbani is Co-Editor of Jadaliyya, Non-Resident Fellow with the Center for Conflict and Humanitarian Studies (CHS), and Non-Resident Fellow at Democracy for the Arab World Now (DAWN).
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© Inter Press Service (2024) — All Rights ReservedOriginal source: Inter Press Service