'The ICC must act now to clear its reputation so that it is able to carry out its crucial work'
On Friday, May 16, the announcement that Karim Khan, the prosecutor of the International Criminal Court (ICC), has "temporarily stepped down" from his post is a necessary step forward in addressing an ongoing crisis of enormous proportions. But it is not the end of the matter. Rather, Khan's move only underscores the imperative for an ongoing United Nations investigation to be completed expeditiously, and for the responsible governing bodies to dispel the stench of alleged impropriety hanging over the Court.
Since its birth a quarter of a century ago, the ICC has repeatedly been attacked for holding the powerful to account. In recent years, it has been accused of double standards for failing to take on officials from Western powers, it suffered a cyber-attack on its information systems and its judges were themselves targeted with Russian arrest warrants. This February, US President Donald Trump imposed property blocking and travel ban sanctions on the Prosecutor and anyone who assists his work.
Now, the ICC faces a dire threat from within that must be addressed immediately if the institution is to survive. Startling allegations have emerged that Khan sexually coerced a staff member and then retaliated against the victim and others to cover it up [no criminal complaint has been filed].
The ICC answers to the 125 governments that are signatories to the Rome Statute and make up the Assembly of States Parties (ASP). It's their responsibility to act to protect the Court and its credibility. An institution that depends on moral legitimacy for its authority cannot afford to squander it by ignoring the allegations or dragging them out. And a court that prosecutes the most serious crimes, including rape, cannot do so when its prosecutor is credibly accused of similar acts.
Conclude the investigation swiftly
A UN-led investigation into Khan's alleged misconduct and retaliation has been going on for more than six months. But there's yet to be a report. The ASP's oversight bureau of 18 states and its president must ensure the investigation is completed expeditiously, that it's not prolonged to shy away from difficult choices like taking disciplinary measures and that there will be clear consequences when the investigation report is issued.
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