ICC chief sexual misconduct claims still under review, despite report he was cleared

Internal memo to court staff denies report that Karim Khan, who led investigation into Israeli actions in Gaza, was cleared of allegations, says no decision reached

AMSTERDAM, Netherlands — Allegations of sexual misconduct against the prosecutor of the International Criminal Court are still under review by the court’s executive branch, an internal memo shared with staff on Sunday said, after a media report claimed he had been exonerated.

ICC Chief Prosecutor Karim Khan, who investigates suspected war crimes, crimes against humanity, and genocide, and who spearheaded the investigation into Israel’s actions in Gaza, has stepped aside temporarily, pending an investigation into accusations of a non-consensual sexual relationship with a lawyer in his office. A second woman has also come forward to accuse him of sexual misconduct. He rejects allegations of wrongdoing.

After a year-long investigation, the UN Office of Internal Oversight Services submitted its confidential fact-finding report in December to the ICC’s executive branch, known as the Bureau of the Assembly of States Parties.

A news report on the Middle East Eye website on Saturday said Khan had been cleared of the allegations.

But in a memo to court staff, which Reuters reviewed, the Assembly’s president, Paivi Kaukoranta, said: “The disciplinary process before the Bureau is ongoing and remains confidential. No decisions have been taken, and no weight should be given to recent media speculation.”

The court, the office of the prosecutor, the Assembly, and external lawyers representing Khan did not respond to emails seeking comment, which were sent on Sunday outside of normal working hours.

No decisions made

The sexual misconduct investigation into Khan coincided with US sanctions against him and other court prosecutors and judges for their role in investigating allegations of Israeli war crimes in Gaza, charges that Israel has rejected.

In 2024, Khan requested arrest warrants against Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for allegations including crimes against humanity and war crimes during the war in Gaza, which erupted following the Hamas-led invasion and massacre in southern Israel on October 7, 2023. Those warrants were later issued.

Khan also procured arrest warrants against three Hamas leaders, all of whom were subsequently killed by Israel.

Jerusalem has denied the allegations against Netanyahu and Gallant, asserting that the two-year-long war in the Palestinian enclave was fought in accordance with international law. It has also called for the case to be dismissed due to the sexual misconduct allegations against Khan.

The ICC is the world’s court of last resort for international crimes, and has 125 member countries. It has been thrust into an existential crisis by the sanctions and loss of the prosecutor, who is its most prominent official.

Its membership does not include China, Russia, or the United States, which have opposed Khan’s issuing of arrest warrants for sitting leaders, including Russian President Vladimir Putin and Netanyahu.