U.S. Senators Call for Review of ICC Prosecutor's Decision to Apply for Arrest Warrants for Israeli Prime Minister and Minister of Defense, Timing of Misconduct Allegations

WASHINGTON - Today U.S. Senators Lindsey Graham (R-South Carolina), Ben Cardin (D-Maryland), John Thune (R-South Dakota), Richard Blumenthal (D-Connecticut), Joni Ernst (R-Iowa) and John Fetterman (D-Pennsylvania) sent a letter to the Assembly of States Parties (ASP), the governing body of the International Criminal Court (ICC), calling for an investigation into misconduct allegations against Prosecutor Karim A.A. Khan that seem to implicate his decision to apply for arrest warrants for Israel's Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.

First, in a potential violation of international law, Prosecutor Khan failed to properly engage with the State of Israel during his investigation and abruptly canceled a meeting between the Prosecutor's office and Israeli representatives and then announced the application for arrest warrants. Second, several media reports, including an October 25, 2024 Associated Press story, found the warrant applications were announced around the same time that Prosecutor Khan was accused of sexual harassment and workplace misconduct. This raises the possibility that the Prosecutor was influenced by extraneous factors. If the allegations against Prosecutor Khan are true, the Senators have asked the ASP to hold a vote to remove him from his position.

The Senators wrote, "First, Prosecutor Khan did not comply with the law when he applied for arrest warrants against Israeli government officials… we received notification that members of Prosecutor Khan's team were scheduled to meet with legal representatives for the State of Israel on May 20 in Israel. To our astonishment, however, members of the Prosecutor's office never boarded the plane to Israel and the meeting was abruptly canceled just a few hours before it was to take place...Prosecutor Khan's abrupt cancelation and his announcement of an application for arrest warrants on that same day have always been perplexing, and stand in stark contrast to the assurances we received from his office that there would be meaningful consultations with Israel, as required by the letter and spirit of the Rome Statute."

They continued,"Second, in addition to these legal concerns regarding Prosecutor Khan's application for warrants against Israeli officials, there is a cloud hanging over the Prosecutor and his office. It has come to light recently through numerous media reports-particularly an Associated Press (AP) story dated October 25, 2024-that allegations of sexual harassment and misconduct against Prosecutor Khan emerged earlier this year, around the time he decided not to send his team to meet with Israeli legal representatives and announced a warrant application instead… If the allegations are substantiated, we urge the Assembly to take all necessary steps available under its authority-up to and including holding a vote for his removal-and to consider the implications on the investigations led by Prosecutor Khan. Transparency is of utmost importance regarding the allegations against Prosecutor Khan. We urge the body to take this seriously."

They concluded, "Any action by the Court regarding arrest warrants for Israeli officials without the benefit of a completed investigation into the serious allegations hanging over Prosecutor Khan would cast doubt on the Court's actions, and jeopardize the credibility of the ICC more broadly. We urge you to consider seriously the concerns we have raised."

To read the full letter, click here.

#####