ICC Prosecutor Khan's warrant request disrupts Gaza evidence mission

On May 20, International Criminal Court prosecutor Karim Khan unexpectedly requested arrest warrants for leaders of Israel and Hamas involved in the Gaza conflict, cancelling a planned mission to gather evidence in the region.

Eight sources familiar with the matter revealed the decision while speaking to Reuters, according to Caliber.Az.

Preparations for the visit, which had been underway for months with U.S. officials involved, were disrupted by Khan's decision to seek warrants. Originally, the mission aimed to collect on-site evidence of war crimes and provide Israeli leaders an opportunity to present their response to allegations, as disclosed by five sources directly informed about the exchanges to Reuters.

Khan's request for a warrant targeting Israeli Prime Minister Benjamin Netanyahu, marking the court's initial attempt to apprehend a sitting Western-backed head of state, contradicted efforts by the U.S. and Britain to prevent prosecution of Israeli leaders, as noted by the sources.

Both countries argued that the court lacked jurisdiction over Israel and that seeking warrants would not aid in resolving the conflict.

Khan's office informed Reuters that the decision to pursue warrants was consistent with its usual approach, based on an evaluation that sufficient evidence existed to proceed and the belief that immediate arrest warrants could deter ongoing crimes.

Reuters was the first to comprehensively report on the planned trip and the consequences of its cancellation.

For three years, Khan had worked to improve relations with the U.S., a non-member state of the court. He had requested Washington's assistance in pressuring Israel, also a non-member, to grant access to his team, according to four sources.

His actions have strained operational cooperation with the U.S. and provoked displeasure from Britain, a founding member of the court, according to the sources.

A senior U.S. State Department official indicated that Washington continued to collaborate with the court on investigations in Ukraine and Sudan. However, three sources knowledgeable about the U.S. administration's interactions with the court told Reuters that cooperation had been undermined by Khan's sudden move.

They pointed out difficulties in preparations for new indictments in Sudan's Darfur region and in the apprehension of fugitives. Two sources mentioned that one operation to apprehend a suspect, details of which they did not disclose, was stalled due to the loss of crucial U.S. support. All sources expressed concerns that Khan's actions could jeopardize cooperation in other ongoing investigations.

Nevertheless, Khan's unexpected move has garnered support from other nations, revealing political disagreements among global powers regarding the conflict and the court's role. France, Belgium, Spain, and Switzerland have publicly endorsed Khan's decision, while Canada and Germany have stated their respect for the court's independence without elaboration.

As the world's court for prosecuting individuals for war crimes, the ICC lacks its own police force for apprehending suspects and relies on cooperation from the 124 countries that ratified the 1998 Rome Statute establishing it. Non-member states like China, Russia, the U.S., and Israel occasionally engage with the court on an ad hoc basis.