By Josep Borrell: Is international justice being undermined by politics?


Sunday, August 9th 2026

There are moments when institutions are not destroyed through a major scandal or an open attack, but through procedures that seem legitimate. Political decisions are disguised as administrative processes, while the damage becomes apparent only when it is too late to stop it.

This is exactly what is happening today with the International Criminal Court (ICC) and the efforts to remove its chief prosecutor, Karim Khan.

For months, Khan has become the main target of an organized political campaign, which began after he sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. on charges related to war crimes in Gaza.

This action was not unusual for the British prosecutor. He had previously called for the arrest of Russian President Vladimir Putin, former Philippine President Rodrigo Duterte and Taliban leaders, proving that, at least in principle, international law should apply equally to everyone.

But the decision to investigate Israeli leaders changed everything. In April 2024, a group of US senators openly warned Khan that he would face personal consequences if he took such a step.

However, he did not back down. Today, the pressure on him has taken a different form. Allegations of sexual misconduct have been used as a basis to open the debate over his removal from office.

Although an internal panel established by the Court itself reviewed the allegations and concluded that there was insufficient evidence to establish violations to justify disciplinary action, the discussion of his dismissal continues.

This sets an extremely dangerous precedent. Instead of the decision being based on evidence and legal standards, there is a risk that the member states of the ICC will vote politically to remove the prosecutor, combining in a single procedure two completely different issues: the existence of a violation and the decision to dismiss.

If this happens, it would create the possibility that the heads of an international institution could be removed from office not for what is proven, but for what is politically expedient.

In this background, it cannot be to ignore the constant pressure that the US administration has exerted on the International Criminal Court.

The United States has imposed sanctions on 11 senior ICC officials, including Karim Khan, two deputy prosecutors and eight judges. Bank accounts have been frozen, credit cards have been blocked and their access to financial and technological platforms has been restricted.

These measures constitute an unprecedented level of pressure on an international judicial institution. Even the political rhetoric has become more and more direct. The American Secretary of State, Marco Rubio, publicly stated that the objective is the “brick by brick dismantling” of the International Criminal Court, presenting it as an instrument of globalist elites and governments hostile to American interests.

At the same time, according to international reports, President Donald Trump has also proposed cooperation with China and Russia to oppose the Court’s activities, despite the fact that none of these powers is a party to the Rome Statute that founded it The ICC.

Essentially, the interests of the Trump administration and the Netanyahu government coincide on one point: limiting the ability of international justice to investigate or punish officials of allied countries, regardless of charges of war crimes or crimes against humanity.

In this sense, the Karim Khan case becomes much more than a debate about the personal conduct of a prosecutor. It is a test for the very independence of international justice.

If the member states of the Court allow a political decision to prevail over the legal assessment of its bodies, then a precedent will be set that can weaken the institution for many years. A court that aims to try powerful leaders cannot survive if its leaders themselves become subject to political pressure whenever they make decisions that are unpalatable to the world’s most powerful governments.

Therefore, protecting the independence of the International Criminal Court is not simply protecting Karim Khan as an individual. It is a defense of the principle that no one should be above international law and that justice cannot function if its decisions depend on the geopolitical interests of the moment. If this principle is overthrown today, the consequences will extend far beyond a single person or process. tesheshi.com


Source: prizrenpost

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