Khan claims he has “reasonable grounds” to believe they committed crimes against humanity and war crimes. In the case of the Israeli leaders, this includes allegedly using “starvation as a weapon of war”. He said he was not suggesting that Israel, with its democracy and Supreme Court, could be compared to Hamas. “Absolutely not! I want to be very clear: Israel has every right to defend its people and rescue the hostages. However, no one is above the law when it comes to committing war crimes or crimes against humanity,” Khan told the UK’s The Sunday Times.

When an Israeli official asked Khan how they should find the hostages, he referred to how Britain had dealt with the Irish Republican Army (IRA) during the conflicts in Northern Ireland. Drawing a parallel between the conflict involving the IRA in Northern Ireland and the situation in Israel Khan lists several violent incidents carried out by the IRA. He mentioned attempts on Margaret Thatcher’s life and said that Airey Neave was blown up and Lord Mountbatten was killed in a blast. “There was also the Enniskillen attack and people were injured in kneecappings. But the British didn’t decide to bomb the Falls Road in Belfast, even if there were some IRA members and supporters there. You can’t do that,” Khan said.

Khan emphasizes that, even in the face of terrorism, the British government did not take actions that would harm innocent civilians. He made the point that, in conflict situations, it was crucial to avoid committing war crimes, or crimes against humanity, regardless of the provocations. This highlights his belief that military responses should be measured and should not target civilians indiscriminately.

Khan’s decision has thrown the ICC into the controversies surrounding the Gaza war, which started after Hamas attacked Israeli communities near Gaza on October 7, 2023. The arrest warrants for Israeli leaders will be issued only if ICC judges approve them. Israel and many Western politicians, including President Joe Biden, have criticized the move.

Additionally, Republican senators have threatened sanctions, such as travel bans, against Khan and his team. Despite this, Khan is unlikely to back down. He has also gone after Vladimir Putin, with the court issuing an arrest warrant for the Russian president for alleged war crimes during the invasion of Ukraine. What motivates him?

Khan, born in Scotland to a British mother and a Pakistani father, is a Muslim and often mentions his faith in his statements. However, Khan belongs to a minority sect within Islam known as the Ahmadis. This group, with over 10 million members, follows the teachings of Mirza Ghulam Ahmad, who founded the tradition in 1889 and is regarded by the Ahmadis as a prophet.

For many other Muslims, this belief is considered blasphemous. In 1974, Pakistan declared the Ahmadis were non-Muslims and, in 1984, the country banned them from practising their faith, forcing many to leave. The Ahmadis have faced persecution ever since, even in such countries as Britain. Khan says his community’s struggles inspired him to pursue a career in human rights law.

Khan studied at King’s College, London, before starting his career with Britain’s Crown Prosecution Service. In the late-1990s, he worked at the International Criminal Tribunal for former Yugoslavia. From there, he climbed the ranks in special courts in The Hague, building his reputation as a defence lawyer.

Khan defended Liberia’s former president, Charles Taylor, against war crime charges, and represented William Ruto, now president of Kenya, in a crimes-against-humanity case at the ICC, which was dropped in 2016. Khan also defended Seif al-Islam, son of the late Libyan leader, Muammar Gaddafi, who ruled Libya from 1969 to 2011.

By the time Khan was elected as chief prosecutor in 2021, he already had experience working as a prosecutor at the ICC. He aimed to revitalize the court, which has struggled to bring many accused individuals to justice. Khan believes the ICC should respond quickly to allegations, a principle that guides his actions regarding Gaza.

As Khan put it, “When people are in terror and fearing for their lives, the law has to be seen to be relevant to them.” He also thinks the ICC should be more connected to the victims it aims to serve. In December 2023, he visited Israel and the Palestinian territories and spoke with the families of those affected by Hamas’s attack.

By targeting Putin and Netanyahu, Karim Khan aims to dispel the idea that the ICC only goes after African warlords and dictators. He argues that, if the law is seen as “applied selectively”, it could lead to its downfall. Khan insists that the prosecutor’s office should never again be seen as ineffective. However, if his case against Israel turns out to be legally flawed, as some critics suggest, it could damage both his credibility and that of the court. (IPA Service)