ICC alters rules for prosecutor's dismissal amid US pressure

The International Criminal Court (ICC) is facing intense scrutiny and pressure, particularly from the United States, over its investigation into alleged "war crimes and crimes against humanity" in Gaza. This pressure has led to controversial modifications in the voting procedure for the potential dismissal of its chief prosecutor, Karim Khan.

Khan himself is under fire for issuing international arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The ICC has reportedly faced significant pressure, threats, and sanctions from the U.S., affecting at least nine of its magistrates. These actions are linked to the investigation into the war in Gaza and the arrest warrants against Israeli leaders.

Amidst this tension, the ICC has altered its internal procedures for voting on the removal of its chief prosecutor. Middle East Eye revealed that the vote, scheduled for July 24 at the United Nations in New York with 125 member states, will now involve a single, unified vote instead of the previously planned two-step process. This change has been described as an apparent violation of the court's own rules.

According to anonymous diplomatic sources cited by Middle East Eye, the new procedure, approved by the majority of the Bureau of the Assembly of States Parties (ASP), requires member states to vote once on a single motion. This motion will simultaneously approve the Bureau's conclusion on Khan's alleged grave misconduct and his potential dismissal. Previously, the process involved a first vote to determine if misconduct occurred and its severity, followed by a second vote on dismissal only if grave misconduct was found.

The upcoming vote by the 125 ASP members will decide Khan's fate. This follows a decision by two-thirds of the representatives from 21 member states on the executive bureau who found that Karim Khan had committed "grave misconduct." This finding contradicts the conclusions of a committee of magistrates appointed by the bureau, which had reviewed a UN investigation into complaints against Khan and reported that there was insufficient evidence to establish misconduct.