ICC elects British lawyer Khan as new Prosecutor

The Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC) has elected British human rights lawyer Karim Khan as its next Prosecutor for a nine-year term starting on June 16.

Khan has worked for almost every international criminal tribunal in roles in prosecution, defence and as counsel for victims.

At the ICC Khan is best known for being a lead defence counsel who has worked on cases from Kenya, Sudan and Libya.

One of the first decisions by Khan could be whether to press ahead with a full investigation into Israeli war crimes in the West Bank, Gaza Strip and East Jerusalem.

Last Friday, the International Criminal Court said that its jurisdiction extends to territories occupied by ‘Israel’ in the 1967 war, clearing the way for its chief prosecutor to open a war crimes probe into Israeli war crimes.

“The Court’s territorial jurisdiction in the Situation in Palestine … extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” the judges said.

The ICC’s chief prosecutor, Fatou Bensouda, said in 2019 that there was a reasonable basis to open a war crimes probe into Israeli war crimes against native Palestinians in the Gaza Strip as well as Israeli settlement activity in the occupied West Bank.

But she asked the court to determine whether she has territorial jurisdiction before proceeding with the case.

Last year, Former U.S. President Donald Trump’s administration imposed sanctions on the court staff, including Bensouda, over investigations by her office into possible war crimes committed in Afghanistan, including by American troops. The United States is not a member of the court, as well as Israel.

The United States has rejected Friday’s International Criminal Court decision regarding the Palestinian situation, saying “Israel is not a State Party to the Rome Statute.”

US State of Department spokesperson Ned Price said, “We will continue to uphold President Biden’s strong commitment to Israel and its security, including opposing actions that seek to target Israel unfairly.”

The State Department also said in a formal statement, “We have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel. The United States has always taken the position that the court’s jurisdiction should be reserved for countries that consent to it, or that are referred by the UN Security Council.”

Germany, Hungary, Canada, Australia and the Czech Republic, who are members of the ICC, have also expressed their opposition to the ICC ruling last week.

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