Conflict of Interest: ICC Chief Prosecutor Hires Law Firm with Palestinian Interests while Pursuing Israeli Leaders

Tuesday, 12 November 2024 | Chief Prosecutor of the International Criminal Court (ICC) in the Hague Karim Khan is already entangled in a sexual harassment scandal currently under investigation by an external body, something his supporters have blamed on Israel. But now, his hiring the services of the British law firm Bindmans, a law firm linked to Palestinian advocacy, has put him in even more of a bind.  This hiring decision may place him in a significant conflict of interest, potentially undermining his efforts to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and recently-dismissed Defense Minister Yoav Gallant.

Bindmans represents several Palestinian organizations that have urged Khan to issue arrest warrants against senior Israeli figures. Notably, Tayab Ali, a partner at the firm, is the director of the "International Center of Justice for Palestinians," a London-based organization actively involved in international legal actions against Israel. Another partner, Alice Hardy, represents the Palestinian human rights organization Al-Haq, headquartered in Ramallah.

These two Palestinian organizations, closely associated with Bindmans, have submitted multiple notices to the ICC regarding Palestinian issues. Additionally, the firm has ties to Khan's brother, Imran Ahmad Khan, and reportedly sponsored his involvement in an inquiry committee related to the detention of two Saudi citizens by the regime. Imran Ahmad Khan, a former British member of Parliament, is a convicted sex offender who was expelled from his party and sentenced to 18 months in prison for sexually assaulting a 15-year-old boy.

Khan is aligning himself with some of the most prominent and aggressive Palestinian advocates.

The scandal involving Prosecutor Khan was exposed last month by the British Daily Mail, which reported that an employee allegedly sexually assaulted by Khan confided in a colleague, who then reported the incident to senior court officials. Last week, Reuters reported that the ICC would launch an external investigation into the matter, and Khan was urged to suspend himself from his position during the investigation.

On Monday evening, the ICC officially announced the external investigation against Khan. In a separate statement, Khan declared he would continue his duties on matters unrelated to the investigation, with issues concerning the investigation managed by his deputies.

The Wall Street Journal speculated that Khan's request for the arrest warrants might be a "diversion tactic" to shift attention away from the sexual harassment scandal.

Attempts to obtain a response from Khan's office about whether his commitment to impartiality is compromised by being represented by pro-Palestinian lawyers went unanswered. Khan's spokesperson declined to comment and referred inquiries to Bindmans, which did not respond.

An informed source commented that "Khan's choice of this law firm indicates poor judgment. If he temporarily managed to deflect claims that his request for arrest warrants aimed to bury the sexual harassment scandal, demands for his dismissal will likely resurface at the upcoming conference of ICC member states in two weeks. By choosing this representation, Khan is aligning himself with some of the most prominent and aggressive Palestinian advocates."