The Chief Prosecutor of the International Criminal Court (ICC), Karim Khan, has been accused of sexual misconduct by a female aide. Khan has denied the allegations, and ICC officials have suggested that the claims may be part of an Israeli intelligence smear campaign. The misconduct allegations surfaced in early May when two colleagues reported that Khan had coerced the female aide into a sexual relationship and made unwanted physical contact. Despite an investigation by the ICC’s internal watchdog, the aide chose not to file a formal complaint due to a lack of emotional support and wariness of the process.
Khan was not questioned during the investigation, but he was advised to limit contact with the woman to protect the rights of all involved. The aide’s reluctance to comment publicly stems from a distrust towards the ICC’s investigative process. She has asked the Assembly of States Parties to conduct an independent external probe into the allegations. The accused misconduct is described as a full-on, repeated pattern of conduct that occurred over a long period of time. The request for an external investigation is still under consideration by the ICC.
In 2020, a review of the 900-strong ICC workforce revealed significant gaps in enforcing its zero-tolerance sexual harassment policy. The review highlighted issues such as predatory behavior by male supervisors, underrepresentation of women in senior roles, and insufficient systems for addressing complaints and safeguarding whistleblowers. There is a general reluctance among many staff members to report misconduct by senior officials due to fear of repercussions. The perception is that senior officials are immune to consequences.
The ICC, founded in 2002 under the Rome Statute, has a mandate to prosecute war crimes, genocide, and crimes against humanity when domestic courts fail to act. Recent decisions by the ICC have faced criticism from governments that do not recognize its jurisdiction, including Israel and the United States. Khan issued an arrest request for Israeli Prime Minister Benjamin Netanyahu and other leaders, accusing them of war crimes. The Biden administration expressed shock over the charges, with President Joe Biden calling the prosecution outrageous. Netanyahu has labeled the ICC’s actions as an outrage of historic proportions.
Karim Khan’s record as Prosecutor reflects a focus on international accountability, expanding ICC investigations beyond African nations. He has targeted leaders such as Russian President Vladimir Putin and Venezuelan President Nicolás Maduro for alleged war crimes and crackdowns on protesters. These actions have garnered Khan adversaries, including a cyberattack on the ICC following the opening of an inquiry into Russian atrocities in Ukraine. Khan has stated that he is ready to cooperate with any external inquiry into the sexual misconduct allegations and emphasizes the importance of taking allegations seriously and thoroughly.
