ICC confirms probe of sexual misconduct allegations against prosecutor; he won’t step down
Investigation to be conducted by external oversight body after court’s internal watchdog dismissed claims; Khan says allegations are misinformation campaign
The International Criminal Court in The Hague confirmed on Monday that it will launch an external probe into sexual misconduct accusations against its top prosecutor, keeping alive a case that the court’s internal watchdog had closed within five days. Khan said he won’t step down during the probe.
A statement from the president of the Assembly of States Parties, the world court’s management oversight and legislative body, said that the Independent Oversight Mechanism (IOM) will lead the external investigation.
“An external investigation is… being pursued in order to ensure a fully independent, impartial and fair process,” the statement read.
“I must insist on due respect for the privacy and the rights of all involved parties, as well as the confidentiality of such an investigation. Further information can only be shared once the investigation has concluded,” the statement added.
In his own statement Monday, Khan said he welcomed “the opportunity to engage in this process.”
He also declined to step down during the investigation. ‘’I will be continuing all other functions as Prosecutor, in line with my mandate, across situations addressed by the International Criminal Court,” he said.
An Associated Press investigation found that two court employees in whom the alleged victim had confided came forward with the accusation in May, a few weeks before Khan sought arrest warrants against Prime Minister Benjamin Netanyahu, his then-defense minister Yoav Gallant, and three Hamas leaders — all of whom have since been killed — on war crimes charges.
A three-judge panel is now weighing that request. Israel has rejected the charges out of hand.
The AP reported that Khan had traveled frequently with the woman after transferring her to his office from another department at the ICC’s headquarters in The Hague.
During one foreign trip, Khan allegedly asked the woman to rest with him on a hotel bed and then “sexually touched her,” according to whistleblower documents shared with the court’s watchdog and seen by the AP. Later, he came to her room at 3 a.m. and knocked on the door for 10 minutes.
Other allegedly nonconsensual behavior cited in the documents included locking the door of his office and sticking his hand in her pocket. He also allegedly asked her on several occasions to go on a vacation together.
After the two co-workers reported the alleged behavior, the court’s internal watchdog interviewed the woman, but she opted against filing a complaint due to her distrust of the watchdog, according to the AP investigation. Khan was never questioned and the watchdog’s inquiry was closed within five days.
While the court’s watchdog could not determine wrongdoing, it nonetheless urged Khan in a memo to minimize contact with the woman to protect the rights of all involved and safeguard the court’s integrity.
Khan categorically denied the accusations, and said the misconduct allegations align with a misinformation campaign against his office.
The decision to launch an external probe came as the court comes under pressure from US senators to not issue warrants over the Israel-Hamas war in Gaza until the misconduct claims are investigated.
