In an interview with Germany’s Der Spiegel, International Criminal Court (ICC) Chief Prosecutor Karim Khan defended his request for the arrest of Israeli Prime Minister Benjamin Netanyahu, posing the question, “Should I wait until everyone is dead?”
Speaking to Der Spiegel, Khan emphasized that no authority is above international law, asserting that alliances do not exempt countries from justice. Responding to the reporter’s repeated questions defending Israel, Khan stated, “Just because a country is an ally does not mean it is immune to the law.”
When asked if delaying the investigation might be preferable, Khan countered: “Should I wait until everyone is dead? If it were your father, mother, or grandfather held hostage, would you want me to wait? If it were your child or your sister suffering, would you want me to wait?” Khan underscored the immediacy required, saying, “The presence of the law must be felt when it is needed.”
In response to questions about the need to investigate Israeli officials, Khan asked, “Why should the law that applies to Ukrainians and Sudanese not apply to Palestinians? Is it right to exempt certain regions from accountability?” Khan reminded the audience that all ICC member states, except Canada, recognize Palestine as a state, and ICC judges have ruled that Israel has jurisdiction over crimes committed in Palestinian territories.
Challenging the notion that Israel’s democratic status should exempt it from scrutiny, Khan argued, “Every victim is equal. The care and attention I give to a Jewish child, I give to a Palestinian child. It’s about equality before the law.”
Rejecting accusations of anti-semitism and double standards
Khan dismissed accusations of anti-Semitism by Israeli officials, noting, “There is much name-calling and attempts at sidelining people by labeling them anti-Semitic. But what matters to me is what victims expect from the law and the demand for justice, applied equally worldwide.”
Referring to the civilian casualties in Gaza, Khan posed, “What would it mean if I issued warrants only against Hamas, while tens of thousands have died, with mothers miscarrying, and people facing starvation? The court must not be seen as an instrument of any powerful nation.”
Lack of Israeli accountability
When asked why Israeli officials shouldn’t be tried in their own courts, Khan explained that Israel’s military lacks accountability in the occupied territories. He challenged, “Does international law apply in the Occupied Territories? Experts and evidence show a lack of investigations and accountability. Should an ally be exempt from responsibility?”
Addressing suggestions to delay the investigation to benefit Israel, Khan stressed, “If you’re a firefighter, you can’t wait for the entire neighborhood to go up in flames.”
Ongoing threats to the ICC
Asked about threats from Israeli intelligence to the former ICC Chief Prosecutor, Khan confirmed, “It’s known that the ICC, including myself, has faced numerous threats. Some are public, others are not, but we cannot be intimidated. While disagreements may arise, we are united in upholding the law’s independence.”
