Blumenthal Calls for Review of ICC Prosecutor's Decision to Apply for Arrest Warrants for Israeli Prime Minister and Minister of Defense

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT) today joined U.S. Senators Lindsey Graham (R-SC), Ben Cardin (D-MD), John Thune (R-SD), Joni Ernst (R-IA), and John Fetterman (D-PA) in calling for an investigation into misconduct allegations against International Criminal Court (ICC) Prosecutor Karim A.A. Khan. In a letter to the Assembly of States Parties (ASP), the governing body of the ICC, the Senators raised concerns regarding Prosecutor Khan’s decision to apply for arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.

The Senators wrote, “We write you today with great concern regarding the inappropriate actions taken by Prosecutor Karim A.A. Khan in his decision to seek arrest warrants for the duly elected Prime Minister and Defense Minister of the State of Israel. As the oversight body of the International Criminal Court (ICC) with the power to appoint and remove the Prosecutor, we implore you to exercise the authority granted to you by the Rome Statute to investigate the highly irregular and potentially illegal actions by the Prosecutor in this case.”

The Senators continued, “First, Prosecutor Khan did not comply with the law when he applied for arrest warrants against Israeli government officials… we received notification that members of Prosecutor Khan’s team were scheduled to meet with legal representatives for the State of Israel on May 20 in Israel. To our astonishment, however, members of the Prosecutor’s office never boarded the plane to Israel and the meeting was abruptly canceled just a few hours before it was to take place... Prosecutor Khan’s abrupt cancelation and his announcement of an application for arrest warrants on that same day have always been perplexing, and stand in stark contrast to the assurances we received from his office that there would be meaningful consultations with Israel, as required by the letter and spirit of the Rome Statute.”

The Senators continued, “Second, in addition to these legal concerns regarding Prosecutor Khan’s application for warrants against Israeli officials, there is a cloud hanging over the Prosecutor and his office. It has come to light recently through numerous media reports—particularly an Associated Press (AP) story dated October 25, 2024—that allegations of sexual harassment and misconduct against Prosecutor Khan emerged earlier this year, around the time he decided not to send his team to meet with Israeli legal representatives and announced a warrant application instead… If the allegations are substantiated, we urge the Assembly to take all necessary steps available under its authority—up to and including holding a vote for his removal—and to consider the implications on the investigations led by Prosecutor Khan. Transparency is of utmost importance regarding the allegations against Prosecutor Khan. We urge the body to take this seriously.”

The Senators concluded, “Any action by the Court regarding arrest warrants for Israeli officials without the benefit of a completed investigation into the serious allegations hanging over Prosecutor Khan would cast doubt on the Court’s actions, and jeopardize the credibility of the ICC more broadly. We urge you to consider seriously the concerns we have raised.”

The full text of today’s letter is available here.

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