ICC prosecutor Karim Khan takes leave amid sexual misconduct probe

THE HAGUE – The prosecutor of the International Criminal Court (ICC), Mr Karim Khan, has stepped aside temporarily as an investigation by the United Nations into alleged sexual misconduct by him nears its end, his office said on May 16.

The move is unprecedented and there is no clear procedure for replacing Mr Khan. The situation creates added uncertainty for the ICC, which is already facing an existential crisis due to US sanctions over its arrest warrants for Israeli officials.

Mr Khan’s office said the prosecutor had taken leave until the end of the investigation by the UN Office of Internal Oversight Services.

In a written statement, Mr Khan’s attorneys rejected all allegations of wrongdoing. According to them, he said he had taken leave because media attention on the matter affected his ability to focus on his work, but he did not intend to resign.

“Our client remains the prosecutor, has not stepped down and has no intention of doing so,” law firm Carter-Ruck said.

In a letter sent to his staff and seen by Reuters, the prosecutor said that he had been keeping his position under constant review. “In the light of escalating media reports, I have made the considered decision to take leave,” Mr Khan said.

“My decision is driven by deep and unwavering commitment to the credibility of our office and the court, and to safeguard the integrity of the process and fairness to all involved,” he said.

Mr Khan had earlier ignored calls by non-governmental organisations (NGOs) and ICC staff to step down while the investigation was under way.

Several of those NGOs on May 16 hailed his decision to temporarily step aside as a sign that no one is above the law.

“Stepping aside helps protect the court’s credibility and the trust of victims, staff and the public. For the alleged victim and whistle-blowers, this is also a moment of recognition and dignity,” said Ms Danya Chaikel of human rights watchdog FIDH.

Others said Mr Khan’s leave would not derail the ICC’s investigations as the office of the prosecutor is not a one-man show.

“In fact, removing an individual whose alleged behaviour may have fuelled a toxic work culture may strengthen the office’s ability to carry out its mandate with professionalism and public trust,” Ms Alix Vuillemin of the Women’s Initiatives for Gender Justice told Reuters.

The ICC has high-profile war crime investigations under way into the Israel-Hamas conflict and Russia’s war in Ukraine.

At Mr Khan’s request, the court issued arrest warrants for Russian President Vladimir Putin on suspicion of deporting children from Ukraine, and for

Israeli Prime Minister Benjamin Netanyahu for alleged war crimes

in Gaza.

Neither country is a member of the court, and both deny the accusations and reject ICC jurisdiction. The ICC’s investigation into Israel’s conduct led the US administration of President Donald Trump to

impose sanctions on Mr Khan

, which the ICC president says have put the court itself at risk.

Sources, who spoke on condition of anonymity to discuss a sensitive matter, told Reuters that Mr Khan had spoken to UN investigators last week in what was believed to be the final interview of a months-long outside investigation into the allegations that started in December.

It was unclear when the probe would end. The ICC’s two deputy prosecutors would take over his duties in the meantime, his office said. REUTERS