A Washington-based advocacy group that previously secured the recusal of International Criminal Court (ICC) Chief Prosecutor Karim Khan from a Venezuela investigation has now accused him of ‘acting in unprecedented haste’ in pursuing arrest warrants against Israeli leadership. The Arcadia Foundation, recognized by the ICC as representing Venezuelan victims, successfully challenged Khan’s impartiality in August based on familial connections to Venezuela’s legal team, creating a precedent that Israel now seeks to leverage in its own case against the prosecutor.
The ICC’s appeals chamber, comprising the same five judges who ordered Khan’s recusal in the Venezuela matter, is currently reviewing Israel’s November complaint seeking his removal from investigations into Israeli officials. Israel’s submission argues that Khan’s impartiality might ‘reasonably be doubted’ due to allegations that his pursuit of warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant was motivated by a desire to deflect attention from sexual misconduct allegations—claims Khan vehemently denies.
Robert Carmona-Borjas, Arcadia’s CEO, told Middle East Eye that their challenge was ‘strictly juridical and institutional’ rather than a personal campaign or geopolitically motivated action. He emphasized demands for ‘consistency in the application of its own law and ethical standards’ from the court.
The Prosecutor’s Office, in its response signed by Deputy Prosecutor Nazhat Shameem Khan, dismissed Israel’s complaint as without standing and argued the Venezuela and Israel cases were ‘incomparable.’ The office maintained that the decision to seek warrants followed ‘a robust review process and analysis of the evidence’ and was independently assessed by ICC judges.
This legal battle unfolds against a backdrop of intense external pressure on the ICC, including U.S. sanctions against Khan and other court officials. The Trump administration has imposed measures against ICC personnel, accusing the court of ‘illegitimate actions’ targeting Israel and the United States. During the ICC’s annual meeting in The Hague, numerous countries condemned such external pressure without explicitly naming the U.S., while some urged serious consideration of the misconduct allegations against Khan.
Legal experts familiar with the case have characterized Israel’s complaint as ‘frivolous,’ noting that Khan actually delayed the warrant process rather than accelerated it. An investigation revealed that Khan’s decision to apply for warrants predated the misconduct allegations by six weeks, undermining claims of ulterior motives.