On June 15, 2021, Fatou Bensouda stepped down after a nine-year term as Chief Prosecutor of the International Criminal Court, succeeded by British lawyer Karim Khan. One of Bensouda’s most recent decisions was to open an investigation into alleged war crimes committed since June 13, 2014 in “Palestine,” i.e., in the West Bank, East Jerusalem, and the Gaza Strip. This decision drew harsh criticism from Israel, which charged that political considerations prompted Bensouda to adopt the Palestinian narrative on the conflict and ignore the fact that the Court has no jurisdiction in this case. Her successor will have to prioritize between the numerous open investigations in the Court, and thus it may be feasible to influence him to assign a low priority to the investigation against Israel, due to the complexity of the procedure. To this end, Israel should seek an informal dialogue with Khan and present its positions regarding the jurisdiction of the Court.
The Changing of the Guard at the International Criminal Court: Prospects for Israel | INSS
