International Criminal Court (ICC) Chief Prosecutor Karim Khan was dismissed after issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Russian President Vladimir Putin. At a special session of the Assembly of States Parties (ASP) held in New York on July 24, Khan's tenure was terminated with the votes of 82 out of 125 member states.
Dr. Heidi Matthews of York University in Canada stressed that this decision represents the most serious institutional crisis in the court's 24-year history. Matthews said the decision was taken in the context of a campaign against the court launched by US Secretary of State Marco Rubio.
Independent Panel Found Insufficient Evidence
The independent panel of judges appointed by the court found no evidence beyond a reasonable doubt that Khan had seriously abused his office. Despite this, the ASP proceeded directly to a dismissal vote instead of deepening the investigation.
Prof. Martin Shaw of the University of Sussex in the UK stated that the US and Israel are trying to dismantle the court, saying, "Israel and the US are trying to dismantle the Court. It is impossible not to see this as part of this crisis."
Palestine Investigation Will Be a Test
The arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant remain in effect. Matthews pointed out that it is unknown who the new chief prosecutor will be and that the process will also be conducted under political pressure.
Matthews said the situation in Palestine is seen in the international criminal law community as a "litmus test" for the court's legitimacy. She noted that three arrest warrants were also issued for Hamas leaders as part of the same investigation, but the cases have not progressed because those individuals were killed by Israel.
Shaw stated that the new chief prosecutor will be aware that they too could be dismissed if they take steps that disturb powerful states. "Internal and external elements seeking to roll back the Palestine investigation and the Gaza charges have been further emboldened by the decision to remove Khan," he assessed.
