The recent election of Karim Khan as the next chief prosecutor of the ICC symbolizes both the promise of the Court as well as the considerable challenges it faces. Khan, originally not a shortlisted candidate, was elected after the ICC’s member states failed to reach a consensus. This outcome, the first election by non-consensus in the ICC’s short history, concluded a protracted period of lobbying by member states attempting to elect perceived allies to the post. Kamir Khan was elected by secret ballot, securing 72 votes after intense lobbying by the U.K. and Kenya. The U.K. was primarily motivated by placing one of its nationals at the top post in the ICC. Khan was added to the candidate shortlist in part due to the insistence of Kenya, presumably due to his prior defense of William Ruto, the former Kenyan vice-president, and other high-profile African leaders. These experiences lend Khan the perception that will not be as biased as some of his European counterparts, at least in the eyes of many African leaders. Khan was elected over the objections of Spain and Mauritius. Mauritius’s objection was motivated not by any objection to Khan as an individual, but instead due to its anger over the U.K.’s refusal to respect its claims to the Chagos Islands despite adverse rulings from the ICJ and the International Tribunal for the Law of the Sea. 

Mr. Khan was elected in part because of his extensive experience in international law, a history that has earned him praise as well as fostered controversy. Khan is the  current head of the UN Security Council team investigating international crimes committed by ISIS. Khan also formerly served as a legal adviser in the prosecutor’s office at the International Criminal Tribunals for the Former Yugoslavia and Rwanda as well as the Special Court for Sierra Leone. This impressive resume includes an extensive-and controversial-list of former clients who faced international criminal charges and enlisted Khan’s services as defense counsel. The clients, including William Ruto and Saif al-Qaddafi, the son of the former Libyan dictator, Muammar al-Qaddafi, have occasionally elicited controversy. Khan’s defense of Ruto led to accusations of impropriety when the proceedings ended in mistrial due to persistent witness tampering and political interference. The accusations from several African NGOs that Khan was complicit in the death of a witness to Ruto’s crimes prompted him to pen an open letter defending his actions and denying any misconduct. With his explanation apparently accepted, Khan’s support from Kenya may prove to be a significant asset as he begins his tenure as the head of a court accused by many African leaders as being inherently political and disproportionately targeting African nationals. 

Khan will become chief prosecutor at a time when the challenges the ICC faces are manifold. His predecessor, Fatou Bensouda, was recently hit with U.S. sanctions as retribution for opening an investigation into alleged war crimes committed by U.S. soldiers in Afghanistan. Just weeks ago, the ICC announced it had jurisdiction over Palestine and would be opening an inquiry into alleged atrocities committed by Israel over its fierce objections. More generally, Mr. Khan will have to labor to increase convictions to silence critics who consider the ICC to be ineffective and inefficient, while attempting to increase legitimacy in the eyes of countries such as China, the U.S. and Russia who do not recognize its jurisdiction. As if that were not enough, he will also have to grapple with a scathing new report from an independent commission characterizing the workplace environment at the ICC as defined by a culture of bullying, favoritism, and low morale. 

Despite these obstacles, Khan should wield the considerable authority of the ICC to boldly investigate the litany of ongoing human rights crises. Pursuing allegations of U.S. misconduct in Afghanistan, investigating China’s treatment of Uighur Muslims in its territory, considering possible responses to Russia’s alleged crimes in Eastern Ukraine, and weathering Israel’s objections to its jurisdiction in Palestine are all important places to start. Apart from the moral imperatives of these events, taking action in these areas will rehabilitate the ICC’s image among African nations who see it as a wholly biased institution. For Khan to do so, however, additional resources are needed. States who take the Rome Statute and its obligations seriously should not hesitate to provide them, lest these crimes go unpunished.

Austin Beaudoin is a 2L at Georgetown Law and serves as an Executive Senior Editor on the Georgetown Journal of International Law. Outside of the Journal, he works as a Student Attorney for the Appellate Courts Immersion Clinic and a Research Assistant for Professor Cliff Sloan. He graduated with a B.A. magna cum laude in Political Science and Philosophy from the University of Connecticut.