ICC Silences Prosecutor Karim Khan on New Warrants in Palestine Probe

The International Criminal Court has issued a confidential order barring prosecutor Karim Khan from publicizing new arrest warrant applications in its Palestine investigation, sources told the Guardian.

The directive, handed down this month, prohibits Khan from announcing or even hinting at warrant requests without judges’ approval, a response to his earlier public statements that stirred controversy.

Khan previously secured warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, as well as a Hamas military leader, though the latter was withdrawn after his death.

His approach was very different from the quieter moves of his predecessor, Fatou Bensouda, who disclosed warrants only after judicial approval.

Khan’s public statements included a dramatic 2024 CNN interview revealing requests for Israeli and Hamas leaders. ICC judges and some of his own staff criticized him strongly, saying his statements pressured the court and deviated from standard practice. The judges’ order shows broader frustration, with similar restrictions imposed in at least one other case, sources said.

The ICC’s warrant process typically remains confidential to protect investigations, witnesses, and arrest efforts, though prosecutors may go public if it deters ongoing crimes without hindering apprehensions.

Khan’s public moves began in 2022 with a Georgia case and continued with announcements about Myanmar’s military leader, the Taliban’s supreme leader, Afghanistan’s chief justice, and suspects in Sudan’s West Darfur atrocities. These came at the same time as Khan faced personal challenges, including U.S. economic sanctions imposed in February 2025 and sexual misconduct allegations, which he denies and are under external investigation.

The Palestine investigation was launched by Bensouda in 202. It intensified under Khan following Hamas’s October 7, 2023, attack and Israel’s subsequent Gaza offensive. In May 2024, Khan sought warrants for senior Israeli and Hamas leaders.

The current order ensures Khan’s next applications, expected to target alleged crimes in Judea and Samaria, remain under wraps unless judges permit disclosure.

A spokesperson for Khan’s office said they could not confirm the order, emphasizing that warrant applications follow extensive, independent investigations within the court’s legal framework.

The ICC declined to comment.

The Guardian contributed to this article.