International Criminal Court Initiates External Probe into Chief Prosecutor’s Conduct

The International Criminal Court (ICC) has disclosed the initiation of an external inquiry concerning allegations of sexual misconduct directed at its chief prosecutor. Karim Khan stated his intention to participate in the proceedings and maintain his position throughout the duration of the investigation. He refutes the accusations. Although the chief prosecutor had sought an investigation by the court’s internal oversight body, the ICC’s governing body declared on Monday its decision to conduct an “external investigation.” This announcement came after media outlets published reports detailing a document that outlined accusations against Mr Khan, which are understood to encompass unwanted sexual touching and “abuse.” In a released statement, Mr Khan affirmed that he “had previously called for an investigation in relation to this matter.” He further stated, “I welcome the opportunity to engage in this process,” and added that he would carry on with “all other functions as prosecutor” during the ongoing investigation. He also mentioned that any matters pertinent to the inquiry into the allegations against him would be managed by deputy prosecutors who do not report to him, “so as to ensure that the rights of all persons are fully respected.” The Guardian newspaper reported that a female lawyer, who alleges experiencing unwanted sexual advances from Mr Khan, had expressed reservations regarding the effectiveness of the Independent Oversight Mechanism (IOM), which serves as the ICC’s internal watchdog. The publication also indicated that Khan reacted to a formal sexual misconduct complaint against him by attempting to convince the alleged victim to retract her claims, despite having received advice to refrain from direct, one-on-one communication. Mr Khan denied requesting the woman to retract any allegations, as reported by the Guardian. Paivi Kaukoranta, who presides over the body responsible for supervising the court, stated last month that the IOM had communicated with the alleged victim but was not in a position to commence an investigation at that particular juncture. In a statement issued on Monday, she affirmed the IOM’s capacity to conduct the investigation but noted that “given the particular circumstances,” she did not oppose “exceptionally resorting to an external investigation.” She added, “An external investigation is therefore being pursued in order to ensure a fully independent, impartial and fair process.” This development occurs amidst significant examination of both the ICC and Mr Khan, following the prosecutor’s application for arrest warrants related to the conflict in Gaza. In May, Mr Khan declared that there were reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu and the then-defence minister Yoav Gallant, alongside Hamas leaders Yahiya Sinwar, Mohammed Deif, and Ismail Haniyeh, held criminal responsibility for war crimes and crimes against humanity starting from Hamas’s attack on Israel on 7 October. Sinwar, Deif, and Haniyeh have subsequently been killed by Israel. In a prior statement, Mr Khan did not directly attribute blame to Israel, but he did draw a parallel between the sexual misconduct allegations and attempts to weaken his standing, characterizing this period as “a moment in which myself and the International Criminal Court are subject to a wide range of attacks and threat.” However, the allegations of sexual misconduct are understood to have occurred prior to his request for arrest warrants connected to the Gaza conflict. A three-judge panel of the ICC is presently reviewing the arrest warrants sought by Mr Khan. Copyright 2024 BBC. All rights reserved. The BBC does not assume responsibility for the content of external sites. Details concerning their approach to external linking are available.