Karim Khan, the top prosecutor at the International Criminal Court (ICC), is embroiled in a significant scandal involving serious allegations of sexual misconduct. Reports have emerged claiming that Khan tried to coerce a female aide into a sexual relationship over an extended period of more than a year, during which he allegedly groped her without her consent. The accusations present a troubling contrast to Khan’s role at the ICC, particularly as he has been actively pursuing war crimes charges against high-profile figures, including Israeli Prime Minister Benjamin Netanyahu, for alleged actions in Gaza.
In response to the allegations, Khan has firmly denied any wrongdoing, categorically asserting that there is “no truth to suggestions of misconduct.” He has suggested that these allegations could be part of a smear campaign orchestrated by Israeli intelligence, particularly given the timing of the claims in relation to his ongoing work at the court. The ICC's prosecutor emphasized that any attempts to undermine the integrity of his office or intimidate its officials must cease immediately, highlighting the fraught political environment in which the ICC operates.
The allegations first came to light when two of the woman’s colleagues, to whom she had confided her concerns at the ICC headquarters in The Hague, reported the misconduct to the court’s independent oversight body. This oversight body conducted an inquiry, which concluded after five days, primarily because the woman opted not to file a formal complaint. However, this decision was reportedly influenced by her distrust of the in-house watchdog, prompting her to seek an external investigation into the matter. An ICC official, who requested anonymity, confirmed that this request for an external probe is currently under consideration.
Eyewitness accounts reveal that the behavior Khan allegedly exhibited was not an isolated incident. According to sources familiar with the situation, “This wasn’t a one-time advance or an arm around the shoulder that could be subject to misinterpretation. It was a full-on, repeated pattern of conduct that was carried out over a long period of time.” This testimony underscores the seriousness of the claims, which include instances where Khan allegedly isolated the woman, increasing her presence in his office after transferring her from another department, and making her a companion on official trips.
During one such trip, it is alleged that Khan invited the woman to rest with him on a hotel bed, subsequently engaging in unwanted sexual contact. There are also claims that he knocked on her hotel room door at 3 a.m., and displayed inappropriate behavior such as locking the door of his office and reaching into her pocket without consent. Moreover, Khan allegedly asked her on several occasions to vacation together, which further exacerbated the distress the woman felt regarding the dynamics of their professional relationship.
Upon returning to the ICC after one trip, the woman confided in her colleagues about her distress and the emotional turmoil she experienced for not standing up to a superior she once held in high regard. These colleagues were reportedly shocked by her revelations, as Khan had always presented himself as a model of professionalism, advocating against gender-based crimes. The environment at the ICC, already rife with suspicions about potential intelligence infiltration from various sources, added to the complexity of the situation.
The ramifications of these allegations are significant, particularly in the wake of the #MeToo movement, which has emboldened many to come forward with their stories of misconduct. The ICC’s workplace guidelines encourage reporting misconduct, especially when it involves senior officials. Despite the internal oversight body’s inability to substantiate the claims, it nonetheless recommended that Khan minimize contact with the woman to ensure the rights of all parties involved and to safeguard the integrity of the court.
Amidst this turmoil, Khan pressed forward with his prosecutorial duties. On May 20, he sought arrest warrants against Netanyahu, the Israeli defense minister, and three Hamas leaders on charges related to war crimes. The U.S. government, caught off guard by this move, criticized Khan’s actions, labeling the prosecution as “outrageous” for drawing what they viewed as an inappropriate equivalence between Israel and Hamas.
In the wake of these developments, Khan hinted at external forces attempting to derail his investigation, stating, “I insist that all attempts to impede, intimidate or improperly influence the officials of this court must cease immediately.” He reiterated his commitment to maintaining the integrity of the ICC and expressed readiness to cooperate with any investigation into the allegations against him.
The Associated Press has pieced together these allegations from various whistleblower documents shared with the court's oversight body, alongside interviews with multiple ICC officials and individuals close to the woman, all of whom spoke on the condition of anonymity due to the sensitive nature of the allegations and the fear of retaliation. These accounts paint a troubling picture of Khan’s alleged behavior, raising questions about the culture of accountability at the ICC.
As the scandal unfolds, it has also attracted political attention, particularly from allies of Israel in the U.S. Congress. Senator Lindsey Graham has sought to investigate whether the allegations played any role in Khan’s decision to cancel an aide's planned visit to Israel while pursuing war crimes charges. Graham’s letter to the ICC’s oversight authority underscores the moral implications of Khan’s abrupt shift in engagement with Israel and the potential ramifications for his leadership.
Khan, who is married with two children, maintains that the allegations are unfounded and insists that in his 30 years of work in international law, he has consistently championed the rights of victims of sexual harassment and abuse. He has expressed a willingness to engage with any inquiry that arises from the allegations, underscoring the importance of a thorough examination of such serious claims.
In his statements, Khan has alluded to the broader context of attacks and threats aimed at both himself and the ICC, indicating that he and his family have faced intimidation amid the scrutiny surrounding his work. However, he refrained from providing specifics on these threats, citing ongoing investigations into the matter.
Under Khan’s leadership, the ICC has adopted a more assertive stance in addressing crimes against humanity, war crimes, and related atrocities. This approach has inevitably led to a growing list of enemies, including high-profile figures and governments whose actions are under investigation. In a particularly notable incident, the court faced a debilitating cyberattack shortly after opening a probe into Russian atrocities in Ukraine, disrupting staff operations for weeks. Furthermore, the hiring of an intern who was later charged as a Russian spy has raised alarm bells regarding the security and integrity of the court.
Israel, in particular, has been active in pushing back against the ICC since it recognized Palestine as a member and initiated a preliminary investigation into the situation in the State of Palestine in 2015. Reports have emerged that Israeli intelligence agencies have been involved in attempts to discredit senior ICC staff, including surveilling Khan’s predecessor and attempting to compromise her integrity.
As Khan faces these allegations and the scrutiny surrounding them, he has sought to insulate himself from accusations of bias by collaborating with a panel of experts, including prominent British human rights lawyer Amal Clooney. He shared evidence related to his investigation into Netanyahu with this group, attempting to establish a framework for transparency and accountability.
Despite the ICC's long-standing commitment to a zero-tolerance policy on sexual harassment, an external review conducted in 2020 revealed a troubling culture of predatory behavior among male officials and an inadequate response to complaints. The review highlighted a pervasive fear among staff regarding the repercussions of reporting misconduct, particularly when it involves senior officials.
While ICC policies have been updated to address these concerns, many argue that a comprehensive overhaul is still needed to protect whistleblowers and ensure a safe working environment for all employees. Critics emphasize the need for explicit guidelines regarding romantic relationships, particularly in an institution charged with upholding justice on an international scale.
In recent weeks, the woman at the center of these allegations has decided to escalate her request for an investigation, reaching out to the Assembly of States Parties, which oversees the ICC and ultimately holds sway over Khan’s future. In her pursuit of accountability, she has called for respect for the integrity and confidentiality of the investigative process, underscoring the complexity of navigating such serious allegations within the context of an international legal institution.
As this unfolding saga continues to develop, it raises profound questions about power dynamics within international organizations, the mechanisms in place to address sexual misconduct, and the challenges faced by individuals seeking justice within such complex systems. The outcome of this situation will undoubtedly have lasting implications for the ICC, its leadership, and the broader discourse surrounding accountability and integrity in international law.
