In Karim Khan, the ICC has the right man for the right job
This is the time for the International Criminal Court to be bold and smart. Their incoming chief prosecutor has the right qualities to make this happen
After months of deliberation, the International Criminal Court (ICC) has elected a new chief prosecutor. Karim Khan becomes only the third prosecutor in the Court's history. The British national's appointment comes at a crucial, difficult and promising time for the institution. He will have his work cut out for him for a variety of reasons, but he has many strengths to draw upon as he attempts to navigate through difficult political and legal waters in the coming months and years.
Mr Khan will take up his position in June, when the tenure of the current chief prosecutor, Gambia's Fatou Bensouda, comes to an end. In 2012, Ms Bensouda inherited an office that had many faulty and floundering investigations and cases. Many of those cases collapsed, including, most famously, those against Kenyan President Uhuru Kenyatta and Deputy President William Ruto. But Ms Bensouda cleared the decks, revised and improved prosecutorial strategies, and took a number of bold decisions. None were bolder than her decisions to pursue investigations into Afghanistan and Palestine.
In Afghanistan, the Court is investigating alleged war crimes committed by US forces. If an investigation is opened into Palestine (last week, ICC judges gave the prosecutor the green light to do just that), then Israeli officials and forces could be in the prosecutor's crosshairs. They are both sensitive cases, but political actors often overlook the fact that the ICC will also investigate other entities within the purview of these cases. For instance, it will look into alleged atrocities committed by the Taliban and Afghan forces in Afghanistan, and by Hamas and other terrorist entities in Palestine. The Afghanistan case is more than just about alleged US crimes, and Palestine is not all about alleged Israeli atrocities either. But Mr Khan will, rightly or wrongly, be judged on how he handles both investigations.
Fatou Bensouda, the ICC's outgoing chief prosecutor, revised and improved prosecutorial strategies, and took a number of bold decisions. Reuters
There are other pressing concerns demanding the incoming prosecutor's attention. Russian forces are under scrutiny in two theatres: Ukraine and Georgia. The ICC is investigating atrocities allegedly committed by the Myanmar military against the Rohingya ethnic minority. Sanctions imposed on senior ICC staff by the Trump administration in retaliation for opening an investigation into Afghanistan remain in place, although they are now under review by the US State Department. Meanwhile, the Israeli government is attempting to mobilise states into undermining the ICC and its independence.
That the stakes are high is nothing new for Mr Khan.
He has a storied career as a defence lawyer at the ICC. He fiercely represented Mr Ruto during proceedings in The Hague, which some Kenyan civil society organisations took exception to during the prosecutor's election. He also represented Saif Qaddafi, the son of former Libyan president Muammar Qaddafi who remains wanted by the ICC for alleged crimes against humanity during the 2011 uprising and civil war. While defending those alleged to have committed mass atrocities is sometimes viewed as controversial, it is essential and often thankless human rights work. In any case, Mr Khan's experiences as a defence lawyer will be a major strength when he prosecutes complex cases.
His work in the Middle East could serve him well, including heading a UN team supporting Iraqi efforts to address ISIS atrocities. Despite international crimes being committed with wanton impunity in Syria, Iraq and elsewhere, the region remains something of a blind spot for international criminal law and justice. If Mr Khan could encourage states in the region to engage with the Court more deeply, it would amount to a significant win for the ICC.
Karim Khan, centre, once headed a UN team to investigate ISIS war crimes in Iraq. Here he meets Iraq's Prime Minister Mustafa Al Kadhimi. Unitad
Several adjectives have been used to describe Mr Khan: confident, charismatic, committed, hardworking, serious and diligent. Observers do not doubt where he stands on issues. He is an exceptional orator. The first time I encountered him was in 2010 when I watched him represent the Lebanese television network, Al Jadeed TV, and journalist Karma Khayat over the charge of contempt of court before the Special Tribunal for Lebanon. I was told that prosecutors were often wary of going up against Mr Khan while judges loved having him in court because of how effective he was.
Mr Khan attracts strong and loyal support, which will come in handy not only for the work that the Court does but how it carries it out. Following allegations of impropriety at the ICC, exposed in last year’s Independent Expert Review, it is essential that Mr Khan promotes a working culture and atmosphere that is free of harassment, welcoming of diversity and genuinely accountable. Also, the legal and political challenges facing the ICC cannot be addressed by one individual, no matter how successful a lawyer or how charismatic a leader he or she is. Having the right staff in place will be essential.
The ICC is investigating atrocities allegedly committed by the Myanmar military against the Rohingya ethnic minority. AFP
This is not the time for fractured support for the ICC and Karim Khan needs to work at mending fences
Furthermore, Mr Khan still needs to convince many that he is the right person for the job. At the appropriate time, it would be wise for him to reach out directly to members of Kenya's civil society, who continue to have serious reservations about him because of his role in defending Mr Ruto. Despite months-long efforts, it is notable that the ICC prosecutor's election did not result in the emergence of an obvious candidate. In fact, this is the first time the prosecutor was elected and not chosen by consensus. In the second round of voting, Mr Khan received 72 of 122 votes, with some member states viewing him as an "unacceptable" candidate. This is not the time for fractured support for the Court and Mr Khan needs to work at mending fences.
Few believed that the ICC would have the courage to take on powerful nation states. Those states would like to see Mr Khan pull his punches. But this is the time for the ICC to be bold, creative and smart. Mr Khan’s tenure will be punctuated with wins, losses and many difficult moments, but he has the tools and the character to succeed. Whether he does or not, only time will tell. For now, he deserves the benefit of the doubt.
Mark Kersten is an expert in international law and a consultant at the Wayamo Foundation
THE BIO
Bio Box
Role Model: Sheikh Zayed, God bless his soul
Favorite book: Zayed Biography of the leader
Favorite quote: To be or not to be, that is the question, from William Shakespeare's Hamlet
National Bonds unveiled a Golden Pension Scheme in 2022 to help private-sector foreign employees with their financial planning.
In April 2021, Hayah Insurance unveiled a workplace savings plan to help UAE employees save for their retirement.
Lunate, an Abu Dhabi-based investment manager, has launched a fund that will allow UAE private companies to offer employees investment returns on end-of-service benefits.
Some of Darwish's last words
"They see their tomorrows slipping out of their reach. And though it seems to them that everything outside this reality is heaven, yet they do not want to go to that heaven. They stay, because they are afflicted with hope." - Mahmoud Darwish, to attendees of the Palestine Festival of Literature, 2008
His life in brief: Born in a village near Galilee, he lived in exile for most of his life and started writing poetry after high school. He was arrested several times by Israel for what were deemed to be inciteful poems. Most of his work focused on the love and yearning for his homeland, and he was regarded the Palestinian poet of resistance. Over the course of his life, he published more than 30 poetry collections and books of prose, with his work translated into more than 20 languages. Many of his poems were set to music by Arab composers, most significantly Marcel Khalife. Darwish died on August 9, 2008 after undergoing heart surgery in the United States. He was later buried in Ramallah where a shrine was erected in his honour.
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Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
Premier League-standard football pitch
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600-seat auditorium
Spaces for historical and cultural exploration
An elevated football field that doubles as a helipad
Specialist robotics and science laboratories
AR and VR-enabled learning centres
Disruption Lab and Research Centre for developing entrepreneurial skills
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What sanctions would be reimposed?
Under ‘snapback’, measures imposed on Iran by the UN Security Council in six resolutions would be restored, including:
An arms embargo
A ban on uranium enrichment and reprocessing
A ban on launches and other activities with ballistic missiles capable of delivering nuclear weapons, as well as ballistic missile technology transfer and technical assistance
A targeted global asset freeze and travel ban on Iranian individuals and entities
Authorisation for countries to inspect Iran Air Cargo and Islamic Republic of Iran Shipping Lines cargoes for banned goods
Founder of the Muslim Brotherhood, Hassan al Banna, "accepted the political utility of violence"
Views of key Muslim Brotherhood ideologue, Sayyid Qutb, have “consistently been understood” as permitting “the use of extreme violence in the pursuit of the perfect Islamic society” and “never been institutionally disowned” by the movement.
Muslim Brotherhood at all levels has repeatedly defended Hamas attacks against Israel, including the use of suicide bombers and the killing of civilians.
Laying out the report in the House of Commons, David Cameron told MPs: "The main findings of the review support the conclusion that membership of, association with, or influence by the Muslim Brotherhood should be considered as a possible indicator of extremism."
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Stick to the schedule, says Mike Addo: “We have an entire wall known as ‘The Lab,’ covered with colour-coded Post-it notes dedicated to our joint weekly planner, content board, marketing strategy, trends, ideas and upcoming meetings.”
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