Cameron was urged to meet ICC prosecutor days before ‘threatening’ him

The Foreign Office’s top lawyer advised David Cameron meet with the International Criminal Court’s chief prosecutor Karim Khan to show Britain’s “strong support” for the institution.

Cameron, who was then foreign secretary, received the advice just days before he reportedly threatened – in a phone call – to defund the ICC if Khan pursued arrest warrants for Israeli leaders.

Heavily redacted emails obtained through a Freedom of Information request and shared with Declassified show that Khan’s office was “keen to confirm” a meeting with Cameron for the week of 15 April 2024.

On 31 March 2024, when Khan requested the meeting with Cameron, he had already reportedly travelled to the US to brief the Biden administration of his decision to move forward with the warrants.

Two hours after Khan’s request was communicated within the Foreign Office, an official wrote that Cameron would be travelling most of that week, but “should be able to meet in London on Monday 15 April”.

However, over the next four days, the request set off a series of emails about whether or not Cameron should actually attend the pencilled-in meeting.

Days of deliberation

It was suggested at one point that, if Cameron was not available, Khan could meet with Attorney General Victoria Prentis, Lord Ahmad, then the Middle East Minister, or Sally Langrish, the Foreign Office’s top legal adviser.

However, on 2 April, an official in the Human Rights Department wrote: “Given what we believe the Prosecutor wishes to discuss, and that this is not a routine request for a meeting, we do not think delegation would be appropriate in this case.”

Two hours later, another official from the same department wrote that Cameron’s private office had “requested a paragraph to share with the [Foreign Secretary] about why a meeting is required on this date”.

In the paragraph the official had apparently drafted for Cameron’s office, they wrote: “Our strong advice is to accept the meeting”.

Two days later, another official writes: “Afraid there are still questions from us about the proposed meeting. Please could Sally [Langrish] offer advice before we make a final decision? Is there a precedent for a similar meeting between an FS [Foreign Secretary] and the ICC Prosecutor?”

Langrish’s advice came later that day: Cameron, she recommended, should agree to take the meeting.

“It is not unusual, nor improper, for the Prosecutor to meet with a Foreign Secretary to discuss general ICC issues…The Prosecutor has specifically requested this meeting with the FS,” she wrote.

The meeting, she continued, would be “advantageous and timely for us” for several reasons including “maintaining our good relationship with the ICC, showing our strong support for the Court and for Karim Khan as its (British) prosecutor”.

Langrish also noted that Cameron had held a bilateral meeting with Khan in London in January 2024 and that former foreign secretary James Cleverly had also met with the chief prosecutor in October and November 2022.

“He has recently met with the US and French foreign ministers,” she added.

Mystery around meeting

The FOI requests that triggered the release of the emails asked, in part, for any calls or meetings between the foreign secretary and Khan between November 2023 and July 2024.

However, it is unclear from the emails if the 15 April meeting between Cameron, who was photographed in central London that day, and Khan went ahead.

The list of Foreign Office ministerial meetings from April 2024 is not currently online though other concurrent transparency data logging gifts, hospitality and trips are available.

It has been reported that Khan met with the British Justice Minister Alex Chalk on the day and discussed the warrants. The Ministry of Justice ministerial meetings log has no record of the meeting.

Several days later, on 23 April 2024, Middle East Eye has reported that Cameron phoned Khan and warned that if the chief prosecutor went ahead with arrest warrants for Israeli officials, the UK would defund the ICC and withdraw from the Rome Statute.

Last week, Khan – who has not commented publicly on the phone call allegations – submitted a statement to the ICC alleging that an unnamed senior British government official had threatened to withdraw the UK’s funding and support for the court if the arrest warrants for Israelis were pursued during a phone call on 23 April 2024.

The Foreign Office and Cameron did not respond to requests for comment made on Monday.

When asked about the 15 April meeting, the ICC office of the prosecutor’s press unit said that it does not comment “on reports of external engagements with states”.

“This is essential to protect the integrity of the office’s activities and investigations,” the unit said.

‘Right blend’

The UK is a major funder of the ICC and had campaigned for Khan, a British barrister, to be selected as its chief prosecutor.

A 2020 government endorsement said the United Kingdom strongly believed that he had “the right blend of prosecution, managerial and political antennae” for the role.

The ICC has been under existential pressure after the Trump administration imposed sanctions on the court through an executive order made in February.

Khan has also been accused of sexual misconduct by a woman who worked with him. Khan has denied the allegations which have been investigated by the UN.

The findings of the probe were submitted last week for review by a panel of judicial experts, a process expected to take up to 30 days.