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The New Lawsuit: Families vs. ICC Prosecutor Karim Khan

What’s Happened

• On August 13, 2025, three families of hostages held by Hamas—Avinatan Or, Eitan Mor, and Omri Miran—filed a civil lawsuit in Jerusalem District Court, represented by Shurat HaDin and its president, Attorney Nitsana Darshan-Leitner.(World Israel News)
• The lawsuit claims ICC Chief Prosecutor Karim Khan effectively turned the International Criminal Court into “a branch office of the terrorist organization Hamas”.(Jerusalem Post, World Israel News)
• Plaintiffs are seeking approximately 20 million NIS in damages.(World Israel News)

Allegations and Claims

• The complaint argues that Khan delayed issuing arrest warrants against key Hamas leaders—Mohammed Deif, Yahya Sinwar, and Ismail Haniyeh—for eight months, while simultaneously issuing warrants against Israeli officials such as PM Benjamin Netanyahu and Defense Minister Yoav Gallant. Shurat HaDin asserts this constitutes a moral equivalence between democratically elected officials and a proscribed terrorist group.(World Israel News, International Criminal Court)
• The suit alleges Khan’s behavior obstructs Israel’s objectives to dismantle Hamas and secure hostages’ release. Attorney Darshan-Leitner is quoted: “The International Criminal Court has become a branch of Hamas.”(World Israel News)
• The filing also accuses Khan of slandering the State of Israel, presenting false representations to the plaintiffs, and assisting terrorist organizations.(World Israel News)
• A particularly serious claim: the lawsuit asserts that Khan may have pursued warrants against Israeli officials to divert attention from potential personal sexual offense allegations against him.(World Israel News)

Context and Background

ICC Warrants Landscape

• On May 20, 2024, the ICC’s Pre-Trial Chamber confirmed there were reasonable grounds to believe that crimes under the Rome Statute had been committed. This included charges against Mohammed Deif for crimes against humanity and war crimes, and against PM Netanyahu and Gallant for charges including starvation as a method of warfare.(International Criminal Court)
• Notably, warrants for other Hamas leaders such as Ismail Haniyeh and Yahya Sinwar were withdrawn following confirmation of their deaths, weakening the argument that Khan unduly delayed action.(International Criminal Court)

Shurat HaDin and Prior ICC Engagements

• Shurat HaDin, led by Darshan-Leitner, has a long track record of legal actions targeting Hamas, Palestinian entities, and organizations they perceive as backing terrorism.(Wikipedia)
• They have previously pressed the ICC to investigate Hamas leaders, and have submitted numerous complaints and communications urging action.(Israel National News, Firstpost)
• The group has also led campaigns urging U.S. political intervention, including a letter signed by nearly 200 lawyers calling on President Biden to prevent ICC action against Israeli officials under the American Service-Members’ Protection Act (ASPA).(JNS.org, The Times of Israel, Israel National News)

Investigative Angles & Questions

1. Legal Standing & Strategy
   • How do the hostages’ families ground their right to sue an international official? Are their claims based on defamation, obstruction, or moral injury?
   • What is the jurisdictional basis for a Jerusalem court to hear this case?
2. Timing & Burden of Proof
   • Can the plaintiffs substantiate the asserted eight-month delay, considering the withdrawn warrants were based on factual circumstances (reported deaths)?
   • Are there verifiable links between warrant timing and potential misconduct claims against Khan?
3. ICC’s Integrity & Global Judicial Norms
   • Does charging a sitting chief prosecutor risk undermining the ICC’s independence or precedent-setting authority?
   • What ripple effects could this case have on international prosecutorial discretion?
4. Political and Moral Dimensions
   • Is the lawsuit part of broader political pressure tactics by victim groups to influence ICC proceedings?
   • How might this affect Israel’s position, efforts toward hostage release, or negotiations?

Summary Table