ICC ruling body to conduct investigation into alleged misconduct by war crimes prosecutor - sources

The International Criminal Court's governing body will launch an external investigation into its chief prosecutor Karim Khan over alleged sexual misconduct, two sources familiar with the matter said on Friday.

The alleged victim is a well-respected lawyer in her 30s who worked directly for Khan, according to the Guardian. Documents seen by the British paper show an accusation of unwanted touching by Khan and “abuse” from April 2023 until April 2024. 

In one incident listed in the document seen by the Guardian, Khan is alleged to have “pressed his tongue” into the woman’s ear and a source reported of groping incidents. The alleged victim also told colleagues that Khan had attempted to hold her hand while on a trip to London.

During another work trip, according to whistleblower documents seen by the Associated Press, Khan allegedly asked the woman to lay with him in his hotel bed and then "sexually touched her." He allegedly later knock on her hotel room door for 10 minutes at 3 am. 

“The allegations do not relate to a single or a couple of incidents, but misconduct taking place over a period of several months,” one ICC source said.

Khan is called on in an internal document circulated to member states to temporarily step down from his role at the world's permanent war crimes court, based in The Hague, while an inquiry is ongoing.

The undated and unsigned document, seen by Reuters, was circulated to member states by ICC staff.

Khan's office referred questions to his attorney and phone calls and repeated requests for comment sent to his lawyers went unanswered.

Khan has denied allegations of misconduct that were reported to the court's governing body last month. At that time he asked the court's own internal oversight body to investigate them.

A source with knowledge of the matter said an external probe was agreed at a meeting on Thursday of a core group of the court's governing body, the Assembly of States Parties.

Reuters couldn't determine who would conduct the investigation.

Despite now requesting the court's oversight body investigate the claims, informed ICC staff told the Guardian that Khan had attempted repeatedly to persuade the victim to deny the alleged misconduct. These reported attempts allegedly came after Khan was told to avoid one-to-one communications with the alleged victim.

Officials including Khan, sources told the Guardian, told the woman to write a letter claiming “I have never said this. He never assaulted me.”

"Our client denies the whole of the allegations and we are most concerned the exposure of a confidential and closed internal matter is designed to undermine his high-profile ongoing work at a delicate time," Khan's lawyers responded when asked for comment by the Guardian. 

Warrants against Israeli leadership

ICC judges are currently reviewing a request Khan made in May for arrest warrants against Israel Prime Minister Benjamin Netanyahu, his defense chief and Hamas leaders. Khan has said the misconduct allegations coincided with a campaign of misinformation against his office.

“There is no truth to suggestions of such misconduct,” Khan’s said in a public statement. “I have worked in diverse contexts for 30 years and there has never been such a complaint lodged against me by anyone.”

Two employees reported the alleged harassment weeks before Khan announced he was looking into warrants against Netanyahu, the Associated Press reported.

While Khan referenced a campaign of misinformation coinciding with the complaint, the Guardian reported the alleged victim held back on making an official report over fears of reprisals, and concerns it could be exploited by Israel or opponents of the court.

“She never wanted any of this,” one person close to her said. “But the complaint filed against her wishes, followed by Khan’s denials and attempts to suppress the allegations, have forced her into a very difficult position.”

The internal document, circulated for discussion, argued that the court's independent, internal body for assessing matters of conduct should have launched a formal inquiry into the allegations when they were first reported.

A source familiar with the matter said the alleged victim in the Khan case does not have confidence in the independence of the court's internal body, whose incoming head is a former member of Khan's staff, because details of reports to it about the alleged misconduct were leaked.

The current and future head of the independent body did not immediately respond to a request for comment.

The document also shows pressure is mounting on Khan to temporarily step aside and let one of his deputy prosecutors take over while the investigation takes place.

"The prosecutor should step aside with immediate effect to pave the way for an independent investigation," the document says. It was unclear if the court's governing body has asked Khan to do so.

The ICC is a permanent court that can prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression in member states or by their nationals. It's governing body holds its annual meeting early next month.