More than 120 countries have chosen British lawyer Karim Khan as the next prosecutor at the International Criminal Court (ICC), one of the toughest acts in international law since the tribunal seeks justice for the worst crimes in the world – war crimes, crimes against humanity, and racism.
Khan, 50, who led the United Nations probe into trouble with the ISIL (ISIS) group, won the second round of voting at the UN in New York on Friday with the support of 72 nations, 10 more than the 62 required.
His election of a second secret ballot by the 123 parties in the Rome Statute established by the court will end an attractive and scathing process to replace Fatou Bensouda when his nine-year term ends in June.
Khan, who specializes in international criminal law and international human rights law, was widely seen as their favorite to get the job. But he or any of the other candidates did not provide enough support to be appointed by consensus, prompting Friday’s election in the UN General Assembly Hall.
James Bays of Al Jazeera, reporting from the UN headquarters in New York, said that this is the first time since the ICC began work almost 20 years ago that the 123 member states have chosen the court the new main prosecutor after an applicant could not agree to a consensus.
While this is an independent legal position, Bays said, everything about the ICC is “ending with political accusation”.
“A number of his early decisions are going to be controversial, no matter what course he takes.”
Addressing ‘deficiencies’
After Khan, Ireland’s Fergal Gaynor was second with 42 votes and Carlos Castresana Fernandez of Spain with five votes and Francesco Lo Voi of Italy by three votes. No members voted.
Khan, who has the status of deputy secretary-general of the UN, has also served as a prosecutor at the tribunal prosecuting war crimes in the former Yugoslavia and crimes against humanity and racism. in Rwanda.
He is no stranger to the ICC, having acted as a defense attorney for Kenya’s Vice President William Ruto, forcing judges to cast indictment charges against his client. Gaynor was a legal representative for victims in the Ruto case, which focused on post-election violence.
Khan has also served as an adviser to Saif al-Islam Gaddafi, the son of the late Libyan leader Muammar Gaddafi, who is still being sought by the ICC on criminal charges against humanity.
“The election of Karim Khan as prosecutor comes at a time when the ICC is in greater need than ever but there have been significant challenges and pressures,” said Richard Dicker, director of international justice. at Human Rights Watch.
“We will look to Mr Khan to address shortcomings in court performance and demonstrate strong independence in trying to hold even the most powerful people to account. “
While the Security Council has used its power under the Rome Statute to send conflicts in Sudan’s western Darfur region and Libya to the ICC, the UN’s most powerful body has been called upon to mention Syria, and more recently Myanmar, to the tribunal.
‘Oral hazard’
In the past several years, Bensouda had sought to expand its reach beyond the focus of all early Africans including Afghanistan, Palestine, a party to the Rome Statute, and Georgia.
The ICC is needed more than ever, Dicker said, “because of too many of these heinous crimes”, but the court had opposed a “verbal threat” from the former Chief’s administration. US President Donald Trump.
He lifted sanctions on Bensouda and one of his top supporters last year for continuing to investigate allegations of war crimes against Americans, although the court has previously been criticized for to focus on African crimes.
Last week, ICC judges angered Israel by saying that the court’s sovereignty is extending to areas occupied by Israel in the 1967 war, which could pave the way for for the prosecutor to open an investigation into Israeli military actions and the country ‘s construction of illegal Jewish cities in the Bank – owned West and adjacent to East Jerusalem.
While Palestinian rights groups welcomed the move, Israeli Prime Minister Benjamin Netanyahu called the decision a “turn of justice”.
The selection process for the prosecutor and the failed application of the ICC United States Senate are rigorously scrutinizing the candidates to ensure that they met the “high moral character” requirement of drawing criticism from organizations. a civil society that works with the court.
A diplomat speaking on condition of anonymity discussing details of closed meetings said many of the meetings to discuss potential fans in Bensouda almost made it difficult for countries that were members discuss concerns at informal “corridor” meetings.