The International Criminal Court’s oversight body has announced they will open an external investigation into sexual misconduct accusations against top prosecutor Karim Khan. This decision comes after the court’s internal watchdog conducted a brief inquiry into the allegations and closed it within five days. The Assembly of States Parties confirmed the investigation, stating it will ensure an independent, impartial, and fair process. Khan has denied the accusations of coercion into a sexual relationship and has stated he will not step down during the probe. The allegations surfaced just weeks before Khan sought arrest warrants against former Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza.
According to an AP investigation, two court employees to whom the alleged victim confided came forward with the accusations in May. They reported that Khan frequently traveled with the woman after transferring her to his office from another department at the ICC’s headquarters in The Hague. A three-judge panel is currently considering the request for arrest warrants against Netanyahu, his defense minister, and three Hamas leaders on war crimes charges. Khan has stated that he is aware of the new investigation and has requested his deputy prosecutors to handle the matter internally, while he continues to perform his duties as Prosecutor in line with his mandate.
The specifics of the external investigation are still being finalized, with potential involvement from law enforcement officials from Europe or a law firm. The United Nations’ internal watchdog has also been discussed for the probe, but concerns about conflicts of interest have been raised due to Khan’s wife’s previous work at the agency investigating sexual harassment. The ASP confirmed that the court’s Internal Oversight Mechanism had no objections to the opening of an external probe. The woman involved in the allegations declined to file a complaint during the internal watchdog’s inquiry due to her lack of trust in the process, and Khan was not questioned during the brief investigation.
Khan’s denial of the allegations and decision to continue in his role as Prosecutor during the external investigation has sparked discussions around the handling of misconduct accusations within international organizations. The case has also brought attention to the reported Israeli intelligence campaign aimed at discrediting the court’s prosecution of Netanyahu for war crimes in Gaza. The outcome of the external investigation and the involvement of international bodies in overseeing such cases will be closely monitored by stakeholders in the international justice system. The ASP’s announcement of the external probe signifies a commitment to transparency and accountability within the ICC, despite the challenges and complexities of addressing misconduct allegations at the highest levels of the organization.