International Criminal Court (ICC) Prosecutor Karim Khan has asked the court’s official watchdog to investigate sexual harassment allegations targeting him since May 2024.
“I have today notified the Presidency of the Assembly of States Parties (ASP) that I have requested the Head of the Independent Oversight Mechanism (IOM) of the ICC to open an immediate investigation under the umbrella of the IOM into misconduct allegations and surrounding circumstances relating to the official processes of the court and what appears to be disinformation,” Khan said on his X account dated October 28, 2024.
The statement explained that previously, the allegations were closed without investigation “in light of no complaint being made” and that “the alleged aggrieved person declined the option of an investigation by the Independent Oversight Mechanism or an external entity when offered.”
Khan’s statement is the latest development in the complex situation that has emerged at a critically sensitive time for the ICC.
The sexual harassment allegations first emerged in the IOM’s 2023-2024 Annual Report, where the body noted that on May 3, 2024, it had been informed about allegations that “an elected official would have engaged in behaviour in violation of the court’s harassment” rules. Khan was not mentioned in the report.
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An article published by The Daily Mail claimed that a female official at the court made the allegations about the Prosecutor’s conduct to a colleague, who in turn informed senior managers.
The Guardian’s Investigation
A recent publication by The Guardian shed light on the intricate series of events leading up to the public emergence of the allegations. The report noted that the story began to unfold publicly when an anonymous X handle started tweeting details of an alleged complaint against the ICC Prosecutor.
The Guardian, which says it interviewed 11 current and former ICC officials familiar with the case, noted that the accusations involve unwanted sexual touching and “abuse” over an extended period between April 2023 and April 2024. The alleged victim, described as a well-regarded lawyer in her 30s who worked directly under Khan, reportedly shared her experiences with colleagues after returning from an overseas work trip in April.
The allegations detail a pattern of escalating behaviour. Sources say the situation began with concerns about Khan attempting to hold the woman’s hand during a work trip to London, then progressed to more serious incidents. These allegedly occurred in various locations, including Khan’s office at the ICC headquarters, hotel rooms during work trips, and his home in The Hague. One specific allegation mentions an incident where Khan allegedly “pressed his tongue” into the woman’s ear.
The Guardian says that, without the alleged victim’s knowledge, colleagues approached Khan at his home in early May to inform him that the allegations would be shared with the IOM. However, the IOM’s handling of the situation raised questions about the court’s ability to handle such sensitive matters when the investigators summoned the alleged victim to a meeting at a hotel in The Hague and without prior notice, informed her that they had received a report about the alleged misconduct. According to records, the woman complained that she was blindsided by the approach and voiced concerns about the investigators’ handling of the situation.
Sources, according to The Guardian article, indicate that the woman had previously expressed reservations about the IOM’s competence, reflecting a broader lack of trust in the body among female staff at the court. The IOM decided against opening a full investigation just two days after its initial meeting with the alleged victim.
The IOM Stance
According to the IOM, although no formal complaint was made, it made a preliminary review of the case and the findings stopped short of implicating Khan directly and, therefore, did not lead to a full investigation. However, it recommended protective measures for all the parties involved.
“I am aware of recent public reports regarding alleged misconduct by the ICC Prosecutor towards a member of his office. I can confirm that the IOM was seized of this matter based on a third-party report,” said Paivi Kaukoranta, President of the Assembly of States Parties to Rome Statute of the ICC, in a press release dated October 24.
“The court has a zero-tolerance policy towards prohibited conduct, such as harassment, including sexual harassment, discrimination and abuse of authority. Any reports of misconduct are taken very seriously, with full respect for the presumption of innocence, as well as the duty of care towards ICC personnel,” Kaukoranta added.
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Khan’s X post welcomed her sentiments, adding that “there is no truth to suggestions of such misconduct… I have worked in diverse contexts for 30 years and there has never been such a complaint lodged against me by anyone.”
The Prosecutor said he has always encouraged any victim of harassment to raise their voice and come forward with such accounts wherever they may occur, noting that the allegations are coming at a time when he and the ICC are faced with a wide range of attacks and threats.
“It has never been more important that the ICC, including myself as Prosecutor, is able to focus on its job to deliver justice for the victims of international crimes, and demonstrate through our actions that all lives deserve the protection of international law.”
The irony of the allegations isn’t lost on close observers of the ICC. When Khan applied for the position of Chief Prosecutor in 2019, he emphasised his commitment to a harassment-free workplace.
“Having been involved and led various cases in the ICC and in other national and international courts, I have seen what constitutes a good prosecution,” he wrote in his application. He highlighted his experience with sensitive cases, noting, “I have directly interviewed numerous survivors of SGBV [sexual and gender-based violence] and realise how important it is to ensure specialised handling of these witnesses during both the investigative and trial stages.”
He promised an Office of the Prosecutor that would be “recognised by, and known for, its competence and integrity.”
Those words are now being scrutinised as the situation becomes increasingly complex, with multiple narratives emerging and questions about timing and motivation swirling around The Hague.
The Political Context
The timing of the allegations becoming public has sparked intense debate, particularly given Khan’s high-profile role in investigating potential war crimes in Gaza. The allegations surfaced just weeks before the Prosecutor announced his request for arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and three Hamas leaders.
Some pundits have suggested the timing isn’t coincidental. The Wall Street Journal‘s editorial board speculated that Khan might have sought arrest warrants against Netanyahu to divert attention from the sexual misconduct allegations. However, sources familiar with the ICC’s Palestine investigation dispute this theory, noting that key decisions about the warrants were made before Khan learned of the complaint.
The situation has become further complicated by Israel’s documented history of opposition to the ICC. The Guardian previously revealed a decade-long campaign by Israeli intelligence agencies against the ICC, including threats and attempts to smear senior staff. However, investigators have found no evidence linking Israel or any other country to the underlying allegations against Khan.
The ICC’s Image at Stake
The ICC, tasked with delivering justice for international crimes, now grapples with questions of credibility and leadership. Critics argue that the institution must uphold its own standards of accountability, especially when dealing with accusations of this nature.
For now, Karim Khan continues denying all accusations and standing by his commitment to “an Office of the Prosecutor known for its competence and integrity”. Whether his tenure will end with his reputation intact remains to be seen as the ICC balances the demands of due process with the imperative to maintain public trust in an institution dedicated to fighting impunity.
