ICC prosecutor begins legal battle of a lifetime

When Karim Khan staged a surprise rearguard action to grab perhaps the most powerful job in international law in February 2021, his appointment as prosecutor at the International Criminal Court (ICC) was hailed as the pinnacle of an already stellar career.

Three years later, Khan (54) begins the fight of his legal life, not as a prosecutor in a case in which a notorious warlord is being held accountable for crimes against humanity or war crimes, but against allegations of sexual misconduct – which he vehemently denies – that could sink that career.

Initially absent from the shortlist of candidates for the top ICC job, Khan was controversially added in the latter stages of the competition, and in his typically convincing application he wrote: “There should be no better place in the world than this for a lawyer committed to international justice.”

The allegations of misconduct, which have been an open secret within the ICC for several months, were finally publicly acknowledged last Monday by the Assembly of States Parties (ASP), the governing body of signatories to the Rome Statute that established the court in 2002.

In a statement, the chairman of the ASPPeivi Kaukoranta – Finland’s former ambassador to the Netherlands – said the allegations against Khan will be investigated externally rather than by the ICC’s own Independent Oversight Mechanism (IOM), which would normally conduct such an investigation.

Kaukoranta said that while interested parties had been informed of the external investigation, the “practical modalities” were still being finalized, including who specifically would conduct it. However, the IOM was relieved of that responsibility.

She emphasized that the ICC had a “zero tolerance policy” towards behavior such as sexual harassment, abuse of power or discrimination, and said the aim of the investigation was “to ensure a fully independent, impartial and fair trial.”

In fact, it was the IOM’s annual report, distributed last month, that revealed for the first time that the allegation had been reported through the mechanism’s own procedures in early May.

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“The alleged affected individual declined to file a formal complaint with the IOM, even when it was suggested that any investigation could be referred to an external entity,” the annual report said.

It also said the individual had “refused to explicitly confirm or deny to the IOM the factual basis of what had previously been reported by a third party.”

The alleged victim’s unwillingness to participate in an investigation has apparently changed.

Responding to the ASP’s confirmation of the external investigation, Khan – a former UN Assistant Secretary-General – said he welcomed the opportunity to participate in the process and would fully cooperate with it.

He was known in his profession for his outspoken stance against gender-related crimes and gender discrimination, noting that he himself had called for an investigation into the claims when they emerged.

Previously, lawyers on his behalf had also denied the allegations, highlighting in particular the way in which “internal” ICC matters had first come to light in the media.

“Our client denies all charges against him. We are most concerned that the revelation of a confidential and closed internal matter is intended to undermine his continued high-profile work at a delicate time.”

According to The GuardianThe allegations include claims of “unwanted sexual touching and ‘abuse’ over an extended period of time,” as well as “coercive behavior and abuse of authority.”

The ICC has been under intense international scrutiny since Mr Khan applied to judges last May for arrest warrants for Israeli Prime Minister Binyamin Netanyahu and former Defense Minister Yoav Gallant – as well as three senior Hamas officials, all of whom have since been killed by Israel on October 7. violence.

The three-judge panel’s decision on the arrest warrants is still awaited – with no indication of when it will come.

Khan indicated last month that he was more alert than usual to possible external threats, noting that the allegations of sexual misconduct came at “a time when myself and the International Criminal Court are subject to a wide range of attacks and threats.”

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However, the sexual misconduct allegations are believed to predate the prosecutor’s request for these arrest warrants, filed on May 20, by weeks.

Although it is understood that some of Khan’s own senior staff advised him to take a leave of absence for the duration of the investigation, he made the decision to remain in his post, while recusing himself from any involvement in the handling of the investigation into misconduct.

In response to the ASP statement, he said he would continue to oversee the court’s investigations, including those arising from the Israel-Gaza conflict, while his two deputy prosecutors handle all cases related to the sexual misconduct allegations would treat.

“At my request, a coordination group chaired by the Deputy Prosecutors, acting independently and not reporting to me, has already taken responsibility for addressing all relevant issues related to this matter internally within the office.”

He added: “I will continue in all other roles as prosecutor in accordance with my mandate.”