The chief prosecutor of the International Criminal Court (ICC), known for filing charges against Israel’s leadership for war crimes, is now facing disciplinary actions due to allegations of sexual misconduct. These proceedings come after more than a year of investigations into accusations against Karim Khan, as confirmed by a vote from the Assembly of States Parties (ASP).
The alleged victim reportedly shared her experiences with Khan with her husband and some colleagues back in April 2024. A witness recounted an incident from May when a colleague confronted Khan, suggesting that another party may have influenced him, to which Khan quickly shifted the conversation.
Interestingly, just weeks before these allegations became public, Khan had issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. His actions drew the ire of the Trump administration, which placed sanctions on him following his war crimes warrant against Israeli officials.
Legal expert Eugene Kontorovich pointed out that Khan attributing his troubles to the Mossad indicates a bias and suggests that any investigations Khan initiated could be easily dismissed in a fair legal context. He criticized the ICC for allowing such politically charged investigations to occur.
The vote to proceed with the disciplinary measures saw 15 states in favor, four against, and two abstentions. In a letter read during the meeting, it was made clear that the prosecutors saw no reason for Khan to continue in his role.
Previously, three judges had ruled there wasn’t enough evidence to substantiate the complaints against Khan “beyond a reasonable doubt,” despite over 5,000 pages of findings from a United Nations investigation. This report found instances of “nonconsensual sexual contact,” though a judge concluded there was inadequate proof of wrongdoing.
The International Criminal Law and Prosecution Association highlighted various structural flaws in how the disciplinary process was handled. They noted that a watchdog’s conclusions were insufficient, particularly since a formal complaint was never filed due to the alleged victim’s fears of retaliation. The AICLP argued that a credible institution must ensure staff protection before prosecuting serious crimes.
Concerns about Khan’s alleged retaliation against employees assisting the plaintiffs further complicate matters. The AICLP emphasized that leading such a significant international body requires not only a lack of proven misconduct but also the trust of its staff, which appears to be severely lacking.
AICLP insisted that resolving these issues transparently and promptly is essential for restoring the ICC’s credibility.
Before moving forward with disciplinary action, the ICC expressed concerns regarding media coverage of the investigation, emphasizing the need to respect everyone’s rights involved.
Critics, including former OIOS investigator Peter Gallo, remarked that Khan’s attempts to distract from the misconduct allegations by blaming Israel reflect an anti-Israel bias and could reduce the ICC to a mere tool of political warfare. Gallo also questioned the higher evidentiary standards applied to lower-level employees compared to prominent officials.
The ICC has yet to clarify whether the investigations into Netanyahu and Gallant will progress if Khan is removed from his position.
