Karim Khan
Karim KhanREUTERS/Michael Kooren

International Criminal Court (ICC) Chief Prosecutor Karim Khan defended his decision to pursue an arrest warrant against Prime Minister Benjamin Netanyahu, claiming in an interview with Reuters that Israel had made “no real effort” to independently investigate claims that it committed war crimes.

Khan justified the arrest warrants issued against Netanyahu and former Defense Minister Yoav Gallant, despite a recent vote by the US House of Representatives to impose sanctions on the ICC in protest. He described the US move as “unwanted and unwelcome.”

“We're here as a court of last resort and... as we speak right now, we haven’t seen any real effort by the State of Israel to take action that would meet the established jurisprudence, which is investigations regarding the same suspects for the same conduct,” Khan claimed to Reuters.

“That can change, and I hope it does,” he added, speaking after Israel and Hamas agreed on a ceasefire in Gaza.

Under the ICC’s complementary principles, Israel could have conducted its own investigation and retained jurisdiction over the case. Khan noted that such action could still happen, even after the warrants were issued. He acknowledged Israel’s strong legal expertise but questioned whether its legal system had adequately addressed the allegations.

“The question is, have those judges, have those prosecutors, have those legal instruments been used to properly scrutinize the allegations that we've seen in the occupied Palestinian territories, in the State of Palestine? And I think the answer to that was ‘no,’” Khan stated.

Commenting on the passage of the "Illegitimate Court Counteraction Act" by the US House of Representatives on January 9, the ICC Chief Prosecutor highlighted the ICC’s origins, rooted in the principles of the Nuremberg trials after World War II, and warned that efforts to sanction the court should be taken seriously.

“It is of course unwanted and unwelcome that an institution that is a child of Nuremberg... is threatened with sanctions. It should make people take note because this court is not owned by the prosecutor or by judges. We have 125 states,” he said.

Khan refrained from speculating on the impact of potential future sanctions, stating only, “It is a matter that should make all people of conscience be concerned.”