ICC prosecutor warns against 'threat and harassment' as pro-Israel lawyers file complaint

Karim Khan's office hits back after he is reported to barristers' regulatory body over pursuit of Israeli Prime Minister Benjamin Netanyahu

ICC prosecutor Karim Khan. Pro-Israel lawyers have accused him of 'not complying with professional obligations' in arrest warrant proceedings against Benjamin Netanyahu. AFP

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The International Criminal Court's Prosecutor's Office has warned against seeking to “improperly influence” the arrest warrant proceedings for Israeli Prime Minister Benjamin Netanyahu, after a UK charity filed a conduct complaint against prosecutor Karim Khan to the bar's regulatory body in England and Wales.

UK Lawyers for Israel filed a complaint on Monday against Mr Khan and his assistant, Andrew Cayley KC – who are both British lawyers – to the Bar Standards Board. The association's report alleges that the pair were “not complying with their professional obligations” and “not complying with their duty not to mislead the court”.

Mr Khan had requested the arrest warrants in May for Mr Netanyahu and his Defence Minister Yoav Gallant, alongside three Hamas leaders, two of whom – Ismail Haniyeh and Mohammed Deif – have since been killed.

Dozens of states and NGOs, including UK Lawyers for Israel, were allowed to submit their observations on the proceedings in early August, and the court is considering these.

UK Lawyers for Israel says it submitted additional information to the Prosecutor's Office on August 27, with “information and evidence that exonerates the accused” Israeli officials. Having received no reply, the group has now reported Mr Khan and Mr Cayley to the board.

Mr Khan's office told The National it would not “engage substantially” with UK Lawyers for Israel's allegations while the case was being considered by the court's judges.

The office also hinted that the allegations could amount to harassment, and urged the charity to consider its own duty not to mislead. “With respect to the threat to report alleged concerns to the Bar Standards Board, UKLFI must decide what is appropriate, alive to their own ethical responsibilities and their duty not to mislead,” the statement said.

“The Office of the Prosecutor of the ICC underlines that it will not be improperly influenced by any form of threat and harassment in pursuing its Rome Statute responsibilities independently and impartially.”

It comes days after UK Lawyers for Israel threatened the UK government with legal action over its decision last week to ban some arms sales to Israel.

The legal challenge prompted the resignation of one of the association's patrons, prominent British lawyer and cross-bench peer Alex Carlile.

“It is crucial that the rule of law – which prevents the abuse of state power and applies to all – is not shouted down in an unruly way by people who are acting on prejudice, dressed up as principle,” Lord Carlile reportedly claimed.