A report claims that ICC prosecutor Khan co-authored an essay arguing that defendants cannot receive a fair trial at the world court.
Benjamin Netanyahu and Yoav Gallant are the latest targets of arrest warrants issued by Karim Khan.
In 2013, British chief prosecutor Karim Khan for the International Criminal Court (ICC) published an essay arguing that his attempt to arrest Israeli Prime Minister Benjamin Netanyahu would be a violation of justice because the court cannot provide defendants with due process.
The Middle East Media Research Institute (MEMRI), based in Washington, D.C., analyzed the key elements of an essay published by Duke University's Law School.
Yigal Carmon, the founder and president of MEMRI, stated that Khan's essay, titled "Defensive Practices: Representing Clients Before the International Criminal Court," revealed that the ICC is unable to deliver justice.
Khan, along with attorney Anand A. Shah, co-authored an essay that Carmon cited passages from. Shah is a member of the New York State Bar.
Whether defendants can secure a fair trial when brought before the world court is questioned by Khan's academic paper.
The prosecutor at the ICC can use anonymous summaries of witness evidence that may lack substance or coherence in their case against the defendant.
The public perception of a client's guilt is often intensified by the support of well-funded civil-society groups, NGOs, and international media, which can create a narrative that is widely accepted as true before the client has even had a chance to appear in court.
Khan pointed out flaws in the evidentiary rules at the ICC. He stated, "The standard of proof at the confirmation stage, which is 'sufficient evidence to establish substantial grounds to believe,' is lower than the beyond-a-reasonable-doubt standard needed to secure a conviction at trial."
The ICC is located in The Hague, Netherlands.
This month, Khan requested the ICC to issue arrest warrants against Netanyahu and Israeli Defense Minister Yoav Gallant for alleged war crimes committed during Israel's campaign against Hamas in Gaza.
In 2007, Khan was close to being held in contempt by the ICC while representing former Liberian President Charles Taylor, who was accused of committing war crimes in Sierra Leone.
The presiding judge cautioned Khan at the time that "your conduct cannot override a court order which I issued a few minutes ago," and the court instructed Khan to take a seat. The judge then invited the prosecution to proceed with its opening statement when Khan refused to participate in the legal proceedings. Khan dramatically gathered his materials and exited the courtroom, as reported in The Cambridge Companion to International Criminal Law. In 2012, the ICC convicted Taylor.
Nearly 1,200 people were killed by Hamas during their invasion of Israel on Oct. 7, including more than 30 Americans. Over 250 people were also kidnapped by the jihadi terrorist organization. Currently, Hamas is holding 125 hostages in Gaza.
Israel's government spokeswoman, Tal Heinrich, stated to Planet Chronicle Digital that the ICC is conducting a "vicious smear" campaign against Israeli leaders. She added that Israel's government has not yet reviewed Khan's 2013 essay or the MEMRI report.
Netanyahu stated that the ICC arrest warrant is an example of the new form of antisemitism.
Numerous email press queries were sent to Khan and the ICC by Planet Chronicle Digital, but multiple phone calls were not returned.
Fadi El Abdallah, a spokesman for the ICC, informed Planet Chronicle Digital via WhatsApp that the prosecutor's office had not responded to their inquiry. He explained that they may be busy and thanked them for their understanding. In a second message, he stated that he could not provide any further assistance as it was within the jurisdiction of the prosecutor's team. Unfortunately, attempts to contact Khan's co-author, Shah, were unsuccessful.
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