ICC seeks external probe into misconduct claims against chief prosecutor

Karim Khan denies allegations of sexual misconduct and says he will continue his duties.

The International Criminal Court’s (ICC’s) governing body has confirmed it is seeking an “external probe” into allegations of sexual misconduct by the court’s chief prosecutor, Karim Khan.

“After having consulted the Bureau of the Assembly of States Parties (ASP), I am seeking on behalf of the ASP Presidency an external investigation into the matters related to alleged misconduct by the ICC Prosecutor,” Paivi Kaukoranta, president of the ASP, the body overseeing the court, said in a statement on Monday.

Calling upon all parties to cooperate fully, the statement said the external investigation was “being pursued in order to ensure a fully independent, impartial and fair process”.

Khan, who had previously denied the allegations, said on Monday he would press ahead with his duties while the investigation is ongoing.

“I welcome the opportunity to engage in this process,” Khan, 54, said in a statement, adding that he “will be continuing all other functions as prosecutor”.

Kaukoranta had issued a statement last month confirming the ASP was looking into the allegations against Khan “on the basis of a third-party report”.

At the time, the ASP stated that the ICC’s Independent Oversight Mechanism (IOM) had been in contact with the alleged victim but was not in a position to move forward with an investigation.

The IOM’s annual report, released last month, said the incident had been reported to the IOM in early May.

“The alleged affected individual declined to pursue a formal complaint with the IOM, including when it was suggested that any investigation could be referred to an external entity,” the report said, adding that the individual had “refused to explicitly confirm or deny to the IOM the factual basis of what had been reported by the third party”.

‘Attacks and threats’

Khan has been at the helm of the court’s prosecutions since 2021, including war crimes probes involving Russia and Ukraine as well as Palestine and Israel.

In May, Khan requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his then-defence chief and three Hamas leaders who have since been killed. The ICC has not yet made a decision on whether to grant the warrants.

Khan said the misconduct allegations align with a misinformation campaign against his office.

“This is a moment in which myself and the International Criminal Court are subject to a wide range of attacks and threats,” Khan said in a statement last month.

Criticised initially for not acting fast enough to prevent atrocities in Gaza, Khan touched off a firestorm when applying for arrest warrants over the war.

Netanyahu called it a “moral outrage of historic proportions” while United States President Joe Biden said it was “outrageous”.

Even before Khan’s application, senior US Republicans penned a letter threatening to bar him and his family from the US.

Khan also sought and obtained an ICC warrant for President Vladimir Putin of Russia, which promptly slapped arrest warrants on the prosecutor himself.

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.

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Al Jazeera and news agencies