The governing body of the International Criminal Court (ICC) has initiated an external investigation into the Chief Prosecutor, Karim Khan, following allegations of sexual misconduct. Reuters, citing two individuals familiar with the matter, reports that an internal document circulated among member states calls for Khan to temporarily step down from his duties at the Hague-based war crimes court while the investigation proceeds.
The document, which is both undated and unsigned, was distributed to member states by ICC staff, according to journalists who have reviewed it. The statement urges Khan to step aside to ensure impartiality during the investigation. Khan’s office has directed inquiries to his legal representatives, but phone calls and multiple requests for comments have reportedly gone unanswered.
Khan has denied the accusations of misconduct, which were first reported to the court’s governing body last month. He has since requested that the ICC’s internal oversight mechanism undertake an investigation into these allegations. A source with knowledge of the situation informed Reuters that the decision to conduct an external investigation was made during a meeting on Thursday involving the primary group of the court’s governing body, the Assembly of States Parties (ASP).
Currently, ICC judges are also considering a separate request from Khan, submitted in May, seeking arrest warrants for Israel’s Prime Minister Benjamin Netanyahu, his Defence Minister, and Hamas leaders. Khan has stated that the misconduct accusations coincide with what he describes as a disinformation campaign aimed at undermining his office.
The internal ICC document distributed for review suggests that the court’s independent oversight body, responsible for handling issues of conduct, should have initiated a formal investigation into these accusations when they were first raised. However, according to a source familiar with the case, the alleged victim has expressed doubts regarding the independence of the ICC’s internal body, given that its new head was previously employed under Khan. Concerns over the impartiality of the internal investigation emerged following reports that confidential details about the allegations had been leaked.
The document also indicates mounting pressure on Khan to temporarily vacate his role, permitting one of his deputies to assume his prosecutorial duties for the duration of the investigation.
This development presents a significant challenge for the ICC, which operates under the mandate of prosecuting war crimes and crimes against humanity. The allegations against Khan, who has held the position of ICC Chief Prosecutor since June 2021, come at a critical time for the court as it tackles several high-profile cases and confronts external pressures and criticisms over its role and jurisdiction in international justice.
The external investigation could have far-reaching implications for both the ICC’s leadership and its ongoing cases. As a high-ranking figure within the court, Khan’s temporary departure would necessitate interim prosecutorial adjustments to maintain the court’s operational continuity. The Assembly of States Parties, as the primary legislative and managerial body for the ICC, holds the authority to decide on matters of court administration, and its decisions in this context will likely be closely scrutinised by the international community.
The court is anticipated to address these issues in the coming weeks, as stakeholders evaluate how best to uphold the institution’s credibility while managing the allegations surrounding its Chief Prosecutor.
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