THE HAGUE, Netherlands — This year, as the chief prosecutor of the International Criminal Court (ICC) pursued war crimes charges against Israeli Prime Minister Benjamin Netanyahu for actions in Gaza, he was simultaneously embroiled in a serious personal crisis that unfolded away from the public eye.
Karim Khan has faced allegations for over a year, claiming he attempted to pressure a female aide into a sexual relationship and engaged in inappropriate physical contact with her. Khan has firmly rejected these claims, asserting there is “no truth to suggestions of misconduct.” Officials at the court have suggested that these allegations may stem from a smear campaign orchestrated by Israeli intelligence.
The situation came to light when two colleagues reported the alleged misconduct to the court’s independent oversight body after the woman shared her experiences with them in early May. The independent watchdog interviewed the woman but concluded its investigation after five days when she chose not to file a formal complaint. Notably, Khan was not questioned during the inquiry.
However, the issue may not be settled. Sources close to the woman indicate her initial hesitance to proceed was fueled by a lack of faith in the court’s internal review processes. Consequently, she has requested the body of member states overseeing the ICC to initiate an external investigation. An ICC official who spoke anonymously confirmed that this request is being deliberated.
The proposal for an external probe has received support from colleagues of the woman, who remains employed at the court. According to one source, “This was not a mere misinterpretation or a one-off incident; it constituted a series of inappropriate actions sustained over an extended period.”
Though the court’s oversight body did not establish any misconduct, it suggested in a memo that Khan should limit his interactions with the woman to ensure the rights of all parties involved and to uphold the institution’s integrity.
Shortly after the court decided to put the case aside, it continued with its regular operations. On May 20, Khan formally sought arrest warrants for Netanyahu, the Israeli defense minister, and three leaders of Hamas, citing war crimes. A panel of three judges is currently reviewing this request.
The Biden administration expressed surprise at Khan’s actions, with President Biden condemning the prosecution as “outrageous,” emphasizing that it falsely indicates a moral equivalence between Israel and Hamas. In his announcement of the charges, Khan suggested that outside forces were attempting to disrupt his investigation, stating, “All attempts to impede or intimidate the officials of this court must cease immediately.” He affirmed he would not hesitate to use his authority to investigate anyone suspected of obstructing justice.
The allegations against Khan were pieced together from whistleblower documents provided to the court’s independent oversight mechanism and interviews with eight ICC officials and acquaintances of the woman, all of whom chose to remain nameless due to the sensitive nature of the claims.
Among the accusations is that Khan relocated the woman to his office after he noticed her working in another department at the ICC, which came with a pay raise. Their interactions reportedly intensified following a private dinner in London where Khan expressed personal grievances about his marriage while taking her hand. She began to accompany him on official trips and at meetings with dignitaries.
During one of these trips, Khan allegedly requested the woman to join him on a hotel bed and subsequently touched her without consent, according to the allegations. Allegedly, he later approached her hotel room late at night and knocked for an extended period.
Additional claims of nonconsensual behavior include instances of Khan locking his office door and putting his hand into her pocket, along with attempts to plan vacations together.
Upon returning to ICC headquarters from one trip, the woman emotionally confided in two colleagues about her distress regarding Khan’s behavior and her feelings of helplessness regarding her former admiration for him.
These colleagues expressed shock, as Khan had always positioned himself as a staunch advocate for women and had a reputation for exemplary treatment of female staff. They also contemplated the context of the allegations amid widely reported attempts by intelligence personnel, including those from Israel, to infiltrate the court, creating an atmosphere rife with suspicion.
In the context of the ongoing #MeToo movement, scrutiny of powerful men has intensified, prompting the co-workers to act in accordance with the court’s guidelines, encouraging reporting of misconduct involving senior officials.
Amid growing whispers of scandal and delayed action, an anonymous social media account on X surfaced last week to expose some of the allegations. Israel’s allies in the U.S. Congress have also become involved, with Senator Lindsey Graham seeking information on whether the misconduct claims influenced Khan’s decision to cancel a planned visit to Israel and proceed with the war crimes charges.
“Another cloud — a moral one — hangs over prosecutor Khan’s abrupt decision to abandon engagement with Israel,” wrote the South Carolina Republican in a letter addressed to the court’s supervisory authority.
Khan, who is married with two children and is 54 years old, has categorically stated that the allegations are unfounded. He indicated that after 30 years of a scandal-free career, he has consistently supported victims of harassment and abuse. He expressed his willingness to collaborate with any inquiry, emphasizing the necessity for accusations to be thoroughly heard, examined, and processed properly.
Khan indicated that both he and the court have faced numerous attacks and threats in recent months, with some even targeting his spouse and family. His office did not disclose specifics, citing ongoing investigations.
Under Khan’s leadership, the ICC has taken a more vigorous stance against crimes such as war crimes and human rights violations, which has resulted in a growing list of adversaries.
After initiating a probe into Russian actions in Ukraine last September, the court experienced a severe cyberattack that hindered its operations for several weeks. Additionally, it hired an intern who later faced criminal charges in the U.S. for espionage.
Israel has also been engaging in its own strategic efforts since the ICC acknowledged Palestine as a member state and began preliminary investigations into the situation in Palestine back in 2015. Reports from reputable news organizations revealed that Israeli intelligence has allegedly targeted senior staff within the ICC for years, further intensifying scrutiny on the court.
In the lead-up to Khan’s announcement regarding war crimes charges, Netanyahu publicly urged democratic countries to employ all means at their disposal to halt what he described as an “outrage of historic proportions” regarding the court’s actions.
Inquiries to the Israeli foreign ministry regarding the allegations were referred to the Prime Minister’s office, which did not respond. Meanwhile, the U.S. State Department made a statement affirming that it takes claims of sexual harassment seriously, expecting the same from the court.
Calls for an investigation into potentially covert activities undertaken by the Israeli embassy against the ICC have emerged from Dutch diplomats and various legislators in the Netherlands.
Khan, a British attorney with a history of representing several notorious figures in international law, was elected as chief prosecutor in 2021 through a secret ballot.
Since the Rome Statute came into effect in 2002, the ICC has operated with a mandate to prosecute war crimes, crimes against humanity, and genocide, intervening only when local courts fail to act on their own.
Although the U.S., Israel, and Russia are not among the 124 recognized member nations, citizens from these countries can still face charges for actions committed in ICC member states.
Despite initial support for Khan from Washington, his relationships soured following the announcement of the arrest warrants for Netanyahu and other key Israeli figures, citing accusations of war crimes, including starvation tactics against civilians.
In an effort to ward off allegations of bias, Khan has shared evidence of these accusations with a panel of experts, including prominent human rights attorney Amal Clooney.
Despite the ICC’s established “zero-tolerance” policy regarding sexual harassment, a past review noted an alarming prevalence of predatory behavior among senior officials and an inadequate mechanism for handling complaints. The review revealed an environment where many staff feared personal repercussions for reporting misconduct.
Currently, the ICC’s policies have been revised; however, they do not prohibit romantic relationships between employees, and the absence of a concrete definition of misconduct raises concerns regarding accountability.
People close to Khan’s accuser have stated that the ICC’s investigation team arrived at her home to conduct an interview, asking invasive questions in front of her child. Feeling unsupported and apprehensive about the process, she initially opted not to pursue a formal complaint.
In the weeks following, she made the decision to escalate her concerns, reaching out to the Assembly of States Parties to the Rome Statute, which has the ultimate decision-making authority regarding Khan’s role.
While the president of that body, Paivi Kaukoranta, did not address inquiries specific to the initiation of any new investigation, she emphasized the need for confidentiality and respect for the integrity of the investigative process, potentially hinting at further actions to come.
