Investigation Launched into Allegations Against ICC Prosecutor
THE HAGUE, Netherlands — A United Nations oversight agency has been appointed to lead an investigation into serious allegations of sexual misconduct involving the chief prosecutor of the International Criminal Court (ICC), Karim Khan. This decision raises potential conflicts of interest, as Khan’s wife previously worked for the oversight organization.
Khan provided updates on critical investigations concerning war crimes in countries such as Ukraine, Gaza, and Venezuela during an annual meeting with the ICC’s Assembly of States Parties, which comprises 124 member states. However, looming over the sessions are allegations against Khan himself.
In an investigation published in October, it was revealed that while the ICC was preparing to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, Khan was simultaneously facing accusations. Concerns include allegations that he attempted to manipulate a female aide into a sexual relationship and physically assaulted her over several months.
The Assembly had previously announced an external investigation into the allegations but had not disclosed the identity of the investigating body until this week’s meeting. Finnish diplomat Päivi Kaukoranta, who is leading the ICC’s oversight body, informed delegates that she had chosen the U.N.’s Office of Internal Oversight Services (OIOS) to conduct the inquiry, as shared by anonymous diplomats familiar with the discussions.
Last month, two human rights organizations voiced discomfort over this selection due to Khan’s wife’s previous employment at the U.N., where she was engaged in investigating sexual harassment cases between 2019 and 2020. The International Federation for Human Rights and Women’s Initiatives for Gender Justice jointly issued a statement urging that Khan should be suspended pending investigation results and called for careful scrutiny of the chosen investigative body to ensure it operates without conflicts of interest and possesses the necessary expertise.
They stressed the significance of openly addressing any relationships that could cloud the integrity of the investigation before assigning the mandate to the OIOS.
Kaukoranta refrained from commenting about the investigation during the annual meeting and neither the U.N. nor Khan’s attorney responded immediately to requests for comments.
The accusations against Khan emerged when two colleagues to whom the alleged victim confided came forward in May, just weeks before Khan sought arrest warrants against Netanyahu and top Hamas leaders on war crimes charges. A panel of judges had approved those charges last month for the Israeli officials and one remaining Hamas leader whose status following Israeli airstrikes remains unclear.
Sources indicated that Khan frequently traveled with the woman after moving her to his office from another ICC department. Whistleblower documents indicated that during one trip, Khan allegedly invited the woman to join him on a hotel bed, where he then sexually assaulted her. Additionally, it was reported that he knocked on her door at 3 a.m. for an extended period.
Documents highlighted further non-consensual behavior, including locking the office door and placing his hand in her pocket. He also reportedly suggested vacations together on multiple occasions.
After reporting the behavior, the court’s internal oversight body interviewed the woman, though she ultimately chose not to file a formal complaint due to her lack of trust in the internal processes. Khan was not interviewed, and the inquiry was concluded within five days.
Despite the ICC’s longstanding “zero-tolerance” stance on sexual harassment, a 2020 external review had uncovered a concerning level of predatory behavior from male leadership, underrepresentation of women in senior roles, and ineffective mechanisms for handling complaints or protecting whistleblowers.
Experts concluding the review stated there exists significant fear among staff to report misconduct by senior officials, very much due to a prevailing belief in their immunity from repercussions.
Although the ICC has updated its policies following the report, a 2024 internal survey revealed 30% of respondents experienced discrimination, abuse, or harassment in the prior year.
While the oversight body did not conclude any wrongdoing, it nonetheless advised Khan to limit contact with the woman to safeguard all parties’ rights and the integrity of the court.
Adding to the complexity of the situation are efforts by Israel and other entities to discredit the ICC. Under Khan’s leadership, the ICC has adopted a more assertive stance against crimes against humanity, inadvertently making more adversaries along the way.
Following a probe into alleged Russian war crimes in Ukraine, the court experienced a damaging cyberattack that hindered operations for weeks. Additionally, an intern later charged with espionage in the U.S. was identified as having connections to Russia.
Israel has launched its own campaigns against the ICC since Palestine was recognized as a member and a preliminary investigation into the situation there was initiated in 2015. Reports from various news outlets highlighted that Israeli intelligence allegedly surveilled senior ICC staff, including Khan’s predecessor, with attempts to discredit them.
In the days leading up to Khan’s announcement of war crimes charges, Netanyahu urged world democracies to take every possible action against what he called an “outrage of historic proportions.”
