Netanyahu and Lindsey Graham conspired to use sex claims against Khan to delay ICC warrants
US Senator Lindsey Graham and Israeli Prime Minister Benjamin Netanyahu conspired to use sexual misconduct allegations against the International Criminal Court's chief prosecutor to try and delay the court's arrest warrant for Netanyahu. The revelation raises further ques…
Intelligence analysis by Llama
Netanyahu and Lindsey Graham conspired to use sex claims against Karim Khan to delay ICC warrants, raising questions about an intimidation campaign targeting the ICC chief prosecutor and his office's efforts to bring Gaza war crimes prosecutions against Israeli ministers.
Imagine you're a judge, and someone is accused of doing something wrong. But before you can make a decision, someone tries to tell you that the judge who is supposed to decide the case is also accused of doing something wrong. This is what happened with the International Criminal Court's chief prosecutor, Karim Khan. Someone tried to use false accusations against him to delay the court's decision on whether to arrest Israeli Prime Minister Benjamin Netanyahu. This is not fair and is an example of an intimidation campaign.
Analysis
A Conspiracy Uncovered
The recent revelation that US Senator Lindsey Graham and Israeli Prime Minister Benjamin Netanyahu conspired to use sexual misconduct allegations against the International Criminal Court's (ICC) chief prosecutor, Karim Khan, to delay the court's arrest warrant for Netanyahu has raised further questions about an intensifying intimidation campaign targeting Khan and the ICC.
The conversation was reported by the New York Times and was in recordings taken by British filmmaker Alex Holder, who followed Graham around for three years for a documentary on his relationship with US President Donald Trump and Netanyahu. The phone call took place on 29 October 2024, just weeks before ICC judges announced they were issuing arrest warrants for Netanyahu and his defence minister Yoav Gallant.
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Khan had applied for the warrants in May 2024. Netanyahu noted to Graham that the ICC judges would be 'making the decision very soon'. The Israeli prime minister then said Khan faced allegations of sexual misconduct. He told Graham 'the great cloud that it shed' could help delay the arrest warrant for himself.
A Pattern of Intimidation
The revelation raises further questions about an intensifying intimidation campaign, documented by Middle East Eye last year, which targeted Karim Khan and the ICC over their efforts to bring Gaza war crimes prosecutions against Israeli ministers. The campaign has been ongoing for several years, with Graham playing a significant role in attempting to apply pressure on Khan over his Israel investigation.
On 1 May 2024, before applying for the warrants, Khan had a conference call with senior ICC officials, Graham and a bipartisan group of senators. According to material reviewed by MEE, Graham told Khan that if he proceeded with the warrants 'you may as well shoot the hostages yourself' and 'we will sanction you'. He added that the ICC was 'made for Africa and thugs like [Russian President Vladimir] Putin, not democracies like Israel'.
A Cloud of Controversy
The controversy surrounding Khan's removal as ICC chief prosecutor has also raised questions about the integrity of the court. Eighty-two of the court's 125 member states voted in a secret ballot last Friday to dismiss Khan as prosecutor over sexual misconduct claims at the United Nations headquarters in New York.
In March, Khan, who has denied all allegations, was cleared of all wrongdoing by a panel of judges appointed by the ICC's governing body, the Assembly of State Parties (ASP) bureau, to review a UN investigation into sexual misconduct allegations against him. The judges concluded unanimously that the UN investigators' findings 'do not establish misconduct or breach of duty under the relevant framework'.
However, a group of disproportionately western and European member states of the ASP bureau voted to disregard the judges and to come up with their own conclusion on the case based on the UN report. The bureau then concluded last month that Khan 'engaged in a sexual relationship' with the complainant, arguing that 'in the context of that power imbalance a sexual relationship could never be appropriate'.
Key points
- US Senator Lindsey Graham and Israeli Prime Minister Benjamin Netanyahu conspired to use sexual misconduct allegations against the International Criminal Court's chief prosecutor to try and delay the court's arrest warrant for Netanyahu.
- The revelation raises further questions about an intensifying intimidation campaign targeting Karim Khan and the ICC over their efforts to bring Gaza war crimes prosecutions against Israeli ministers.
- The controversy surrounding Khan's removal as ICC chief prosecutor has also raised questions about the integrity of the court.
- Eighty-two of the court's 125 member states voted in a secret ballot last Friday to dismiss Khan as prosecutor over sexual misconduct claims at the United Nations headquarters in New York.
- In March, Khan, who has denied all allegations, was cleared of all wrongdoing by a panel of judges appointed by the ICC's governing body, the Assembly of State Parties (ASP) bureau, to review a UN investigation into sexual misconduct allegations against him.
The revelation of the conspiracy between Netanyahu and Graham may lead to increased scrutiny of the ICC's handling of the case and potentially lead to reforms within the organization. Additionally, the fact that the ICC's judges were not swayed by the false accusations against Khan suggests that the court is committed to upholding the rule of law and ensuring that justice is served.
The intimidation campaign targeting Karim Khan and the ICC may continue to escalate, potentially leading to further delays or even the dismissal of the case against Netanyahu. Additionally, the fact that a group of western and European member states of the ASP bureau voted to disregard the judges' findings and come up with their own conclusion on the case raises concerns about the integrity of the court.
