Karim Khan, a British counsel who is an adept in international criminal law, has been elected as the new chief prosecutor at the International Criminal Court (ICC).

Khan—who is destined to take over from the Gambian Fatou Bensouda, who will exit the office in June—will serve in the Hague-based court for the next nine years.

He won the race with 72 votes beating his closest challenger Irishman Fergal Gaynor who garnered 42 votes. The other contestants included Spain’s Carlos Castresana Fernández and Italy’s Francesco Lo Voi. 

The race had to proceed to the second round after the British won the first round of vote with 59, which was insufficient with the threshold set at 62. 123 member countries out of 124 voted in the exercise.

Since its inception in the year 2000, the ICC was yet to have a European prosecutor. It is what European contest yielded this time round. The last two prosecutors were Gambian Fatou Bensouda and Argentine Louis Moreno-Ocampo.

Media reports reveal that Mr Khan relied on the African and Asian votes to clinch the seat after having starred in many high profile war crime cases that faced African figures.

Prior cases

Mr Khan has rich experience under his belt for serving in various international tribunals. He has also taken up cases that his critics may have considered dangerous for his quest for the job.

Khan represented former Kenya’s Head of Civil Service Francis Muthaura whose case collapsed in 2013 after a key witness recanted. He then took over Kenya’s Deputy President William Ruto’s case which was later terminated in 2016 after the court cited lack of evidence.

He also represented a Sudanese rebel Bahar Idriss Abu Garda who was charged with war crimes in Darfur but the case collapsed in 2010.

The 50-year-old is also the UN Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL.

The out-going prosecutor Fatou Bensouda had frosty relationship with Donald Trump-US administration which even imposed sanctions on her for trying to probe Washington’s conduct in the Middle East.

It is also not a guarantee whether President Joe Biden may rescind the decisions making it a ‘wait-and-see.’

Khan comes into the office with a tray full of responsibilities. He has to change the image of the court that has been seen to be only tormenting figures from poor countries especially in Africa.

At the same time, he has to spread the net wider to cover war crimes that were committed in Arabian Peninsula, and in some areas like Gaza and Palestinian territory. These may come with challenges. The UN may back him fully but USA and Israel— who are not signatories of the Rome Statute— may vent against the decision.