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A British-Israeli lawyer told ICC Prosecutor Karim Khan he'd spoken to a top Israeli legal adviser and warned he should have gone after "lower-level suspects."
One international human rights expert said Tuesday that a new report of alleged threats made against the International Criminal Court's prosecutor regarding his arrest warrants for Israeli officials were "extremely worrying," noting that the reported threats were just the latest show of intimidation against authorities who aim to hold Israel to account for its abuses of humanitarian law.
"The Commission of Inquiry on the [occupied Palestinian territories] quit, Francesca Albanese was sanctioned, and now we have reports of threats against Karim Khan," said London School of Economics human rights fellow Alonso Gurmendi, referring to the mass resignation of three United Nations human rights experts, U.S. sanctions targeting the U.N. special rapporteur on the OPT, and the news about the ICC prosecutor.
The Middle East Eye (MEE) reported that a British-Israeli defense lawyer linked to Israel's government, Nicholas Kaufman, delivered a warning to Khan at a meeting in May, as Khan was facing pressure over the arrest warrants he'd issued for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant. Along with Hamas leader Mohammed Deif—since confirmed dead—Netanyahu and Gallant were accused of war crimes and crimes against humanity.
Netanyahu's government began a military assault on Gaza in October 2023 that has been called a genocide by top human rights experts and groups.
Days before the meeting in May, Kaufman reportedly told Khan that he'd spoken to Roy Schondorf, a legal adviser to Israeli Prime Minister Benjamin Netanyahu.
When they met at a hotel in The Hague, Kaufman told Khan to apply to the ICC to have the warrants for Netanyahu and Gallant reclassified as "confidential" and submit them as part of a "noncriminal, noninvestigative process," allowing Israel to access the details of the allegations and privately challenge them without the outcome of the case being made public.
"This looks like a coordinated attack on international accountability on a scale never before seen."
Kaufman also told Khan that issuing more arrest warrants for Israeli officials including Finance Minister Bezalel Smotrich and National Security Minister Itamar Ben-Gvir over their support for illegal settlements in the West Bank, as the ICC was considering at the time, could result in more U.S. sanctions against the ICC; the Trump administration imposed travel and economic sanctions against Khan earlier this year. More sanctions would "risk destroying the court," said Kaufman, MEE reported.
"All options would be off the table" for Khan if he issued the new arrest warrants, warned Kaufman. "They will destroy you, and they will destroy the court."
Kaufman told MEE that he requested a meeting with Khan in early May "because as an Israeli ICC lawyer, who had experienced the shock of October 7, 2023, I was well placed to understand the matter" and because Khan was "under fire" over his investigation into alleged war crimes committed by Netanyahu's government in Gaza.
At the time of the meeting, Khan was also facing an investigation into allegations of sexual misconduct; he has denied the allegations.
He also told Khan that he should have gone after "lower-level suspects" and that his indictments of Netanyahu and Gallant had "basically indicted Israel."
Kaufman told the outlet that he had simply "told Mr. Khan that he should be looking for a way to extricate himself from his errors" but denied that he'd made a proposal to amend Khan's case against the Israeli officials on behalf of the government—despite his contact days earlier with Netanyahu's legal adviser.
Khan and his wife, lawyer Shyamala Alagendra, who also attended the meeting, told Kaufman his warning that Israel would "destroy" Khan over more warrants "was a clear threat."
Gurmendi said that if MEE's report is true, "this looks like a coordinated attack on international accountability on a scale never before seen."
Khan has faced other threats from officials allied with Israel since investigating Israel's assault on Gaza. In April 2024, the United Kingdom's then-foreign secretary, former Prime Minister David Cameron, had a tense phone call with Khan in which he threatened to defund the ICC and withdraw the U.K. from the court if it issued warrants for any Israeli leaders.
In May 2024, U.S. Sen. Lindsey Graham (R-S.C.) threatened sanctions against ICC officials is Khan applied for more warrants.
Graham "was screaming at us," ICC lawyer Andrew Cayley, who oversaw the court's investigation into Palestine, told The Observer.
After Khan announced later that month that's he'd requested warrants for the Israeli and Hamas leaders, Cayley "began receiving anonymous, threatening phone calls saying, 'You're in a very dangerous position.'"
"Sanctioning ICC judges for doing their work on behalf of justice is a flagrant attack on the rule of law," said one critic.
Human rights defenders on Friday accused U.S. President Donald Trump and Secretary of State Marco Rubio of criminal obstruction after Rubio announced sanctions targeting four International Criminal Court judges who authorized an investigation into torture allegations against American troops in Afghanistan and arrest warrants for fugitive Israeli Prime Minister Benjamin Netanyahu.
Rubio sanctioned International Criminal Court Judges Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini Gansou of Benin, and Beti Hohler of Slovenia "pursuant to President Trump's Executive Order 14203." The order was issued in February and sanctioned ICC Prosecutor Karim Khan and accused the Hague-based tribunal of "baseless actions targeting America and our close ally Israel."
"Have Marco Rubio's State Department lawyers read him Article 70 of the Rome Statute on obstruction of justice?"
"These four individuals have actively engaged in the ICC's illegitimate and baseless actions targeting America or our close ally, Israel," Rubio added. "The ICC is politicized and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies."
Two of the sanctioned judges authorized a probe of U.S. war crimes in Afghanistan. The other two green-lighted warrants for the arrest of Netanyahu and Yoav Gallant, his former defense minister, for alleged war crimes and crimes against humanity in Gaza, including weaponized starvation and the murder of Palestinians—at least 54,607 of whom have been killed since Israel began its assault and siege of Gaza following the October 7, 2023 Hamas-led attack, according to the Gaza Health Ministry.
The ICC's Assembly of State Parties—the court's governing body—said in a statement Friday that the U.S. sanctions are a "regrettable" effort to "impede the court and its personnel in the exercise of their independent judicial functions.
Kenneth Roth, a professor at the Princeton School of Public and International Affairs and former director of Human Rights Watch, on Friday accused Trump and Rubio of "obstructing justice under Article 70 of the Rome Statute," the treaty establishing and governing the ICC.
Christoph Safferling, director of the International Nuremberg Principles Academy—a Germany-based foundation "dedicated to the advancement of international criminal law and related human rights"— said Friday that 80 years after the the Nuremberg Trials of Nazi war criminals, "obstructing the ICC is an affront to the commitment to justice and the rule of law."
"The court carries forward this legacy and calls for our steadfast support in the fight against impunity," Safferling added.
United Nations High Commissioner for Human Rights Volker Türk
said Friday that he was "profoundly disturbed" by the U.S. sanctions.
"Attacks against judges for performance of their judicial functions, at national or international levels, run directly counter to respect for the rule of law and the equal protection of the law—values for which the U.S. has long stood," Türk added.
European Commission President Ursula von der Leyen said the European Union "deeply regrets" the Trump administration's move.
Slovenia's Foreign Ministry said that "Slovenia regrets the announced sanctions by the U.S. government against four judges of the International Criminal Court, including a judge from Slovenia," and "rejects pressure on judicial institutions and influence on judicial operations."
"Courts must act in the interests of law and justice," the ministry continued. "In the current situation we will support the judge, who is a Slovenian citizen in carrying out her mandate." Due to the inclusion of an E.U. member state on the sanctions list, Slovenia will propose the immediate activation of the blocking act."
The E.U.'s blocking statute is meant to protect businesses in the 27-nation bloc from adverse consequences of foreign—particularly U.S.—sanctions.
During the first Trump administration, former Secretary of State Mike Pompeo sanctioned then-ICC Prosecutor Fatou Bensouda and Prosecution Jurisdiction Division Director Phakiso Mochochoko for investigating U.S. war crimes in Afghanistan. This, even after the ICC Pre-Trial Chamber II announced it would not grant a request by Bensouda to open an investigation into the alleged torture of prisoners held in U.S. military and secret CIA prisons in Afghanistan, Poland, Romania, and Lithuania.
In 2021, Khan angered human rights defenders by announcing he was seeking approval to resume an investigation into potential war crimes in Afghanistan committed by the Taliban and the Islamic State—but would exclude alleged crimes perpetrated by U.S. forces.
U.S. and Israeli officials often note that neither country is a party to the Rome Statute. However, the court has affirmedr its jurisdiction "in relation to crimes committed on the territory of Palestine, including Gaza," as well as "over crimes committed by Palestinian nationals inside or outside Palestinian territory."
Responding to the U.S. sanctions, Amnesty International secretary general Agnès Callamard said Friday that "this is an attack against international justice and the fight against impunity."
"Governments who believe in a rule-based order must take all necessary measures to protect the four judges against the impact of the sanctions," she continued. "They must assure the ICC of their full support. They must voice their commitment to the independence and impartiality of the ICC clearly and loudly. They must implement all arrest warrants and support the ICC in all its investigations."
"International justice is a battleground. It has been so from the very beginning," Callamard added. "Victims know so all too well. We will keep fighting and resisting all attempts to derail, undermine, destroy the search for justice and the rule of law."
In April, the ACLU filed a lawsuit in a Maine federal court on behalf of Matthew Smith, co-founder of the human rights group Fortify Rights, and international lawyer Akila Radhakrishnan arguing that Trump's sanctions against Khan violate their First Amendment rights.
"No arrest warrant of any kind will deter me," said far-right Israeli National Security Minister Itamar Ben-Gvir.
Far-right Israeli National Security Minister Itamar Ben-Gvir responded proudly Wednesday to reports that the chief prosecutor of the International Criminal Court was considering arrest warrants against him and fellow extremist minister Bezalel Smotrich over their roles in expanding illegal settlements in the occupied West Bank.
Ben-Gvir, who has openly fought efforts to deliver aid to starving Palestinians and worked to prevent progress toward a durable cease-fire, wrote in a social media post that "when The Hague is against me, I know I'm on the right path"—suggesting he would view an arrest warrant from the ICC as a badge of honor.
"I have one clear message to the chief prosecutor at the International Criminal Court in The Hague," he wrote. "No arrest warrant of any kind will deter me from continuing to work for the people of Israel and the Land of Israel. The prosecutor in The Hague does not scare me."
The Israeli minister's post came after The Wall Street Journal reported that ICC chief prosecutor Karim Khan "was preparing to seek arrest warrants for two far-right Israeli cabinet members before he went on leave as the United Nations investigates sexual-assault allegations against him."
The Journal noted that the cases center on Ben-Gvir and Smotrich's "roles in expanding Jewish settlements in the West Bank." Both ministers live in West Bank settlements, which have expanded significantly since Israel began its full-scale assault on the Gaza Strip following the Hamas-led attack of October 7, 2023.
"A decision on whether to pursue the cases falls to Khan's two deputies, and it is unclear how they plan to proceed," the Journal reported. "ICC prosecutors have been weighing whether Smotrich and Ben-Gvir committed war crimes by pushing construction of West Bank Jewish settlements."
Late last year, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, accusing the pair of committing war crimes in the Gaza Strip.
Khan decided to take leave earlier this month amid the U.N. probe of sexual assault allegations made by one of his aides. Khan has denied the accusations, which have thrown the ICC into chaos at a pivotal moment.
Journalist Alice Speri reported for Drop Site earlier this month that "the woman's accusations were far more serious than what has been revealed so far, and include what she described to colleagues as monthslong grooming, psychological coercion, and sexual advances, which eventually escalated into 'unwanted' and 'coerced' sex that lasted nearly a year and continued even after she told Khan that his conduct had left her suicidal."
Khan's alleged conduct and the resulting blowback risks compromising the ICC's work to hold Israeli officials to account for war crimes committed in the occupied Palestinian territories, advocates and court officials fear.
Speri reported that "many at the court, including the alleged victim... understood the abuse allegations were political dynamite and 'a gift for Israel,' as one person put it, and they worried about how they may be used to discredit the ICC, and particularly delegitimize the case against Netanyahu, which many believed was warranted and crucial."