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US and Israel used misconduct claims to 'defang' ICC, says former EU diplomat

Created at 18 Jul · 4:06 PM1 source↑ Market-relevant
IN SHORT

Josep Borrell, former EU high representative, accused the US and Israel of exploiting misconduct allegations against ICC prosecutor Karim Khan to neutralize the court. He urged member states to uphold due process in an upcoming vote on Khan's future.

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Key Numbers

125ICC member states
21member states on ASP executive bureau
24 Julydate of ASP vote on Khan's future
two-thirdsmajority for bureau's misconduct finding
63votes needed for absolute majority to remove prosecutor
11ICC officials sanctioned by Washington

Who's Involved

Josep Borrell
former EU high representative for foreign affairs
Karim Khan
chief prosecutor for the International Criminal Court
United States
accused of exploiting ICC prosecutor's misconduct claims
Israel
accused of exploiting ICC prosecutor's misconduct claims
Assembly of States Parties (ASP)
body voting on Khan's future
Benjamin Netanyahu
Israeli Prime Minister for whom Khan sought arrest warrant
Marco Rubio
US Secretary of State
US and Israel used misconduct claims to 'defang' ICC, says former EU diplomat

↳ Why This Matters

The allegations suggest a coordinated effort by powerful nations to undermine international justice mechanisms, potentially impacting accountability for war crimes and crimes against humanity.

Key facts

  • Former EU high representative Josep Borrell accused the US and Israel of exploiting misconduct allegations against ICC prosecutor Karim Khan.
  • Borrell believes this is an effort to neutralize the International Criminal Court (ICC).
  • The Assembly of States Parties (ASP) is scheduled to vote on Karim Khan's future on July 24.
  • The ASP's executive bureau previously found Khan committed 'serious misconduct', despite a judicial panel finding insufficient evidence.
  • Khan has denied all allegations of misconduct.
  • Borrell cited US threats against Khan after he sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu.

Josep Borrell, the former EU high representative for foreign affairs, has accused the United States and Israel of exploiting sexual misconduct allegations against International Criminal Court chief prosecutor Karim Khan to neutralize the court. Borrell argued in an article published by Project Syndicate that this is part of a long-sought goal to weaken the ICC from within.

The Assembly of States Parties (ASP), comprising 125 member states, is set to vote on Khan's future on July 24. This follows a determination by the ASP's executive bureau that Khan committed "serious misconduct," despite a judicial panel concluding the evidence was insufficient. Khan has vehemently denied any wrongdoing.

Borrell highlighted procedural changes, including merging two votes into one, which he believes lowers the threshold for Khan's removal based on unsubstantiated accusations. He traced the case against Khan to April 2024, when US senators allegedly threatened him after he sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other Israeli officials, as well as Hamas officials. Borrell also referenced comments by US Secretary of State Marco Rubio about dismantling the ICC and noted that Washington had previously sanctioned 11 senior ICC officials, including Khan.

Furthermore, Borrell cited reporting that President Trump suggested China and Russia join the campaign against the ICC. He concluded that the US and Netanyahu aim to prevent international courts from holding their soldiers or allies accountable, viewing the 'Khan scandal' as an opportunity to weaken the court internally. Borrell praised Khan for his courage in seeking warrants against perceived untouchable suspects.

Frequently asked questions

The ASP's executive bureau determined Karim Khan committed 'serious misconduct,' citing an alleged sexual relationship with a complainant. Khan denies this, and the complainant's account focused on non-consensual conduct.

The ASP is composed of diplomatic representatives from the ICC's 125 member states and is responsible for voting on determinations of misconduct and the removal of the chief prosecutor.

According to Borrell, the ASP bureau amended the voting process from a two-stage vote to a single vote, potentially lowering the threshold for removing the prosecutor.

Borrell claims the US and Israel are exploiting the situation to 'defang' the ICC, preventing it from holding their soldiers or allies accountable for alleged war crimes.

What Happens Next

01The Assembly of States Parties (ASP) will vote on Karim Khan's future on July 24.

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Cadence

How It Developed

Josep Borrell accused the US and Israel of exploiting misconduct allegations against ICC chief prosecutor Karim Khan.
Borrell stated this was to achieve the goal of neutralizing the court from within.
He urged ICC member states to uphold due process in their vote on Khan's future.
The Assembly of States Parties (ASP) will vote on Khan's fate on July 24.
The ASP's executive bureau previously determined Khan committed 'serious misconduct' by a two-thirds majority.
A judicial panel found insufficient evidence to establish misconduct.
Khan has denied any misconduct.
Borrell noted the ASP bureau amended the voting process to a single vote, breaking its own rules.

Sources

T1
US and Israel used Karim Khan misconduct claims to 'defang' ICC, says former EU top diplomatMiddle East Eye

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