International Criminal Court: Deputies take over amid Prosecutor misconduct probe

In a statement on Monday, the prosecutors’ office confirmed that deputies Nazhat Shameem Khan and Mame Mandiaye Niang are taking the lead, ensuring continuity across all cases and operations.

The transition follows Prosecutor Khan’s announcement on 16 May that he would temporarily step aside while the UN Office of Internal Oversight Services (OIOS) conducts an external inquiry into the allegations.

The investigation into widely reported allegations of sexual misconduct is being conducted by the OIOS at the request of the ICC’s governing body. Mr. Khan has denied the allegations.

Although the ICC’s Independent Oversight Mechanism typically handles such matters, the OIOS was brought in given the circumstances of the allegations and perceptions of possible and future conflicts of interest.

Duty of care

The prosecutors’ office said it would fully cooperate with the investigation, while underscoring the need to protect the privacy and rights of everyone involved – emphasising the importance of safeguarding the integrity of the OIOS investigation.

“The Office is acutely aware of the duty of care it owes to all staff members and personnel, especially affected individuals,” the statement underscored.

Impartial and fair process

The Presidency of the Assembly of States Parties to the ICC – which elects the 18 judges – said on Sunday that the OIOS investigation was being carried out to ensure a full independent, impartial and fair process.

“The findings of the investigation will be handled in a transparent manner in accordance with the Rome Statute and the legal framework of the Court,” it noted.

Upholding ICC’s mandate

In assuming leadership, the Deputy Prosecutors underlined the importance of ensuring continuity of the office’s activities across all areas of work, and particularly in its mission to investigate and prosecute the most serious crimes – genocide, war crimes, crimes against humanity and the crime of aggression – with independence and impartiality.

Court in the spotlight

The Prosecutor’s leave of absence comes at a sensitive moment for the ICC, which is conducting investigations and prosecutions across multiple conflict zones, including Afghanistan, the Democratic Republic of the Congo, Libya, Sudan (Darfur) and Ukraine.

Last November, the ICC issued arrest warrants for senior Israeli officials, prompting the United States to announce punitive sanctions against the Court.

These include measures against senior personnel – including Prosecutor Khan – with threats of arrest should they travel to the US.

Relationship with the United Nations

The International Criminal Court (ICC) is an independent judicial body established under the Rome Statute, adopted in 1998 and in force since 2002. Although not part of the United Nations, the ICC works closely with it under a cooperative framework.

The UN Security Council can refer situations to the ICC, enabling the Court to investigate and prosecute most serious crimes. Notable referrals include the situations in Darfur, Sudan (2005) and Libya (2011).

In return, the ICC reports to the Security Council when needed involving referrals.