International Criminal Court prosecutor won't step down during new probe into misconduct accusations

The International Criminal Court’s oversight body announced Monday it will open an outside investigation into sexual misconduct accusations against its top prosecutor Karim Khan, confirming reporting by The Associated Press. Khan said he won't step down during the probe.

The Assembly of States Parties made the announcement after the court’s internal watchdog opened and shut an inquiry into the allegations after only five days.

“An external investigation is therefore being pursued in order to ensure a fully independent, impartial and fair process,” ASP president Päivi Kaukoranta said in a statement.

Khan has categorically denied accusations that he tried to coerce a female aide into a sexual relationship. The claims come amid reports of an ongoing Israeli intelligence campaign to discredit the court’s prosecution of Benjamin Netanyahu for alleged war crimes in Gaza.

An AP investigation found that two court employees in whom the alleged victim confided came forward with the accusation in May, a few weeks before Khan sought arrest warrants against Netanyahu, his defense minister and three Hamas leaders on war crimes charges. A three-judge panel is now weighing that request.

AP reported that Khan traveled frequently with the woman after transferring her to his office from another department at the ICC’s headquarters in The Hague.

In his own statement Monday, Khan said he was aware of the new investigation and had requested that his two deputy prosecutors take responsibility for the matter internally.

“I welcome the opportunity to engage in this process,” he said.

He also declined to step down during the investigation. ‘’I will be continuing all other functions as Prosecutor, in line with my mandate, across situations addressed by the International Criminal Court,'' he said.

The composition of the new probe remains unclear. According to Kaukoranta, the “practical modalities of the investigation are being finalized.” AP sources suggested law enforcement officials from Europe and a law firm could be involved.

The United Nations’ internal watchdog has also been discussed for such a probe, but that could be fraught with conflict-of-interest concerns because Khan’s wife, a prominent human rights attorney, had previously worked at the agency in Kenya investigating sexual harassment.

The ASP said the court’s watchdog, the Internal Oversight Mechanism, had no objections to the opening of an external probe.

The internal watchdog interviewed the woman but she opted against filing a complaint due to her distrust of the watchdog, according to the AP investigation. Khan was never questioned and the watchdog’s inquiry was closed within five days. The watchdog did recommend that Khan minimize contact with the woman.