Karim Khan: ICC prosecutor beginning the legal fight of his life

When Karim Khan staged a surprise rearguard action to clinch arguably 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 on, Khan (54) is beginning the fight of his legal life, not as prosecutor in a case holding to account a notorious warlord charged with 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 added controversially in the latter stages of the competition, and in his typically persuasive job application wrote: “There should be no better place in the world than this for a lawyer committed to international justice.”
The misconduct allegations, which have been an open secret inside the ICC for some months, were finally acknowledged publicly 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 president of the ASP, Pӓivi Kaukoranta – formerly Finland’s ambassador to the Netherlands – said the allegations against Khan would be examined externally rather than by the ICC’s own independent oversight mechanism (IOM), which would normally carry out such an investigation.
Kaukoranta said that while the parties involved had been informed of the external investigation, the “practical modalities” were still being finalised, including who specifically would carry it out. However, the IOM had been stood down from that responsibility.
Emphasising that the ICC had a “zero tolerance policy” towards conduct such as sexual harassment, abuse of authority, or discrimination, she said the aim of the investigation was “to ensure a fully independent, impartial and fair process.”
In fact, it was the IOM’s annual report, circulated last month, which first revealed 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 pursue a formal complaint with the IOM, including when it was suggested that any investigation could be referred to an external entity,” the annual report said.
It also said the individual involved had “refused to explicitly confirm or deny to the IOM the factual basis of what had earlier been reported by a third party”.
That unwillingness on the part of the alleged victim to engage with an investigation has now apparently changed.
In response to the ASP’s confirmation of the external investigation, Khan – a former UN assistant secretary general – said he welcomed the opportunity to engage in the process and would co-operate fully with it.
Known in his profession for being vocal against gender-based crimes and gender discrimination, he noted that he himself had called for an investigation into the claims when they emerged.
Previously, lawyers on his behalf had also denied the allegations and particularly underlined the manner in which “internal” ICC business had first come to light in the media.
“Our client denies the whole of the charges against him. We are most concerned that the exposure of a confidential and closed internal matter is designed to undermine his ongoing high-profile work at a delicate time.”
According to The Guardian, the allegations include claims of “unwanted sexual touching and ‘abuse’ over an extended period”, as well as “coercive behaviour 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 defence minister Yoav Gallant – as well as three senior Hamas officials, all since killed by Israel in post-October 7th violence.
The decision of the three-judge panel on the warrants is still awaited – with no indication of when it may come.
Khan indicated last month that he was more than usually alert to possible external threats, observing that the sexual misconduct allegations came at “a moment in which myself and the International Criminal Court are subject to a wide range of attacks and threat”.
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However, the sexual misconduct allegations are understood to predate by weeks the prosecutor’s request for those arrest warrants, filed on May 20th.
Although it is understood that some of Khan’s own senior staff advised him to take leave of absence for the duration of the inquiry, he took the decision to remain in post while resiling himself from any involvement in the handling of the misconduct investigation.
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 would handle any matters relating to the sexual misconduct allegations.
“At my request, a co-ordination group chaired by the deputy prosecutors, acting independently and not reporting to me, has already taken responsibility for addressing all relevant issues connected to this matter internally within the office.”
He added: “I will be continuing all other functions as prosecutor in line with my mandate.”