Sexual misconduct charges against ICC prosecutor Khan to be examined by UN watchdog

The charges of sexual misconduct against Karim Khan, chief prosecutor of the International Criminal Court (ICC), will be examined by the UN's Office of Internal Oversight Services, according to the Associated Press (AP).

The decision was made despite warnings from two human rights groups against selecting a UN body for the probe, due to a possible conflict of interest due to Khan's wife’s previous two-year tenure with the agency, where she investigated cases of sexual harassment.

The accusations against Khan surfaced in May, and in November, the ICC announced that Khan would be investigated by an external body following accusations of sexual misconduct.

The announcement came shortly before the court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, which Khan had requested.

Khan said at the time that he would continue serving as chief prosecutor during the probe and denied the allegations. “I welcome the opportunity to engage in this process,” Khan said.

According to a report in "The Guardian" British daily newspaper, the female lawyer who had raised the accusations had expressed concern about the ability of the ICC’s Independent Oversight Mechanism (IOM) to carry out the investigation. Khan reportedly requested that the IOM probe the allegations.

On Wednesday, the AP cited two anonymous diplomats who said that despite the concerns over a conflict of interests, Päivi Kaukoranta, head of the IOM, announced her decision to assign the investigation to the Office of Internal Oversight Services (OIOS).

Last month, the "International Federation for Human Rights and Women’s Initiatives for Gender Justice" called for Khan to be suspended, and demanded “thoroughly vetting the chosen investigative body, firm, or institution to ensure it is free from conflicts of interest and possesses demonstrated expertise.”

In their joint statement, the groups noted that Khan’s “close relationship” with the UN agency deserved added scrutiny: “We strongly recommend ensuring that these concerns are openly and transparently addressed before assigning the mandate to the OIOS.”

When asked for comment by the AP, Kaukoranta, Khan’s attorney and the United Nations declined.

In statements Khan made about the allegations against him, he refrained from blaming Israel but noted that the allegations came at “a moment in which myself and the ICC are subject to a wide range of attacks and threats.”

In addition to the allegations of sexual misconduct, three barristers at the non-profit company UK Lawyers for Israel (UKLFI) reported Khan to the Bar Standards Board (BSB) for making “false” statements about Israeli leaders and for misleading the court.

According to the AP, an external probe in 2020 found the court had exhibited an “unacceptable level of predatory behavior by male bosses, a lack of women in senior positions and inadequate mechanisms for dealing with complaints and protecting whistleblowers.”

“There is a general reluctance, if not extreme fear, among many staff to report any alleged act of misconduct or misbehavior” by bosses, according to the conclusions from the 348-page report. “The perception is that they are all immune.”

An internal report cited by AP this year revealed that a survey of approximately 900 court staff members found 30% of respondents saying the had experienced discrimination, abuse or harassment over the past year.