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Middle East Eye
7 days ago
- Politics
- Middle East Eye
Karim Khan investigation: Former ICC judges criticise handling of complaint against prosecutor
Former judges at the International Criminal Court have criticised the court's oversight body over its handling of an ongoing investigation into a complaint of alleged sexual misconduct brought against the court's chief prosecutor, Karim Khan. Speaking to Middle East Eye, two former judges at the court said they were gravely concerned by the way in which Khan had been publicly identified as the subject of a complaint, and questioned the need for an external investigation into his alleged misconduct. Cuno Tarfusser, an Italian judge who worked at the court from 2009 to 2019, told MEE: "I am deeply disturbed, even scandalised, by the way the proceedings against Karim Khan seem to be unfolding." Another former judge, speaking on condition of anonymity, told MEE he feared that a lack of due process had taken the investigation into 'bandit country' in which 'anything can happen'. The investigation by the United Nations' Office of Internal Oversight Services (OIOS) was commissioned by Paivi Kaukoranta, the President of the Assembly of State Parties, the ICC's oversight body, after details of a sexual misconduct complaint against Khan were leaked to the media in October. New MEE newsletter: Jerusalem Dispatch Sign up to get the latest insights and analysis on Israel-Palestine, alongside Turkey Unpacked and other MEE newsletters Khan was publicly identified by Kaukoranta as the subject of a complaint, even though the ICC's own investigative body, the Internal Oversight Mechanism (IOM), had closed two investigations of its own, without publicly naming the chief prosecutor, after the complainant, a female ICC staff member, declined to cooperate. Announcing the OIOS inquiry the next month, Kaukoranta said the IOM had investigated the complaint against Khan on the basis of requests by a third party and by Khan himself, and acknowledged the IOM was 'competent to investigate such allegations'. Exclusive: How Karim Khan's Israel war crimes probe was derailed by threats, leaks and sex claims Read More » But she said that 'the particular circumstances of the case, including the IOM's victim-centred approach, and perceptions of possible and future conflicts of interest' had led her to seek an external investigation. Both judges told MEE they believed Khan had been denied due process and the right to privacy in being named by Kaukoranta and by her decision to outsource the investigation to the OIOS. The former judge said it was his view that Khan should not have been publicly identified before the investigation was completed, commenting: "It's a genie that you can't put back in the bottle." Tarfusser told MEE the investigation appeared to have been 'tailored' for Khan. 'It is unprecedented and a shame within an institution based on the rule of law that a personalised proceeding is created just for Karim Khan,' he said. 'This, far from being decisive, threatens to permanently damage the credibility of the court itself. This way of doing things, these procedures, are known to autocratic states, not to states or institutions based on legality and law.' The other former judge said he was concerned that the handling of the complaint would erode trust in the court's procedures. He said it could discourage future complainants from coming forward because of a lack of confidence that their complaint would be dealt with correctly. Cuno Tarfusser told MEE he was "scandalised" by how the investigation into Khan had unfolded (ICC/Flickr) 'It damages the whole structure of the complaints procedure,' he said. The complaint against Khan is based on allegations of sexual misconduct made by a female ICC staff member, but was initially reported to the IOM by a member of Khan's office rather than the complainant herself. Khan, who has been chief prosecutor at the ICC since 2021, has strenuously denied all of the allegations against him. He is understood to have been interviewed by OIOS investigators in early May and to have cooperated with the investigation. Khan was forced to step away on leave later in May following the publication of new allegations against him, including claims that he had sexually assaulted the complainant on a number of occasions over a period of almost a year. Khan's lawyers said in a statement at the time: "Our client has decided to take a period of leave, not least as the wildly inaccurate and speculative media focus on the matter is detracting from his ability properly to focus on his job. 'Our client remains the Prosecutor, has not stepped down and has no intention of doing so.' But new questions about the investigation into Khan were raised this week after MEE revealed details of a pressure campaign exerted on the prosecutor which sought to derail his investigation into alleged Israeli war crimes in Gaza and the occupied Palestinian territories. MEE reported that an initial complaint of sexual harassment was made against Khan in May 2024 as he was in the final stages of preparing to apply to the court for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his then-defence minister, Yoav Gallant. The allegations re-emerged in October 2024, as the ICC was preparing to issue the warrants, when details of the initial complaint were circulated to journalists and on social media. It was these allegations which prompted the ASP to commission the OIOS investigation. Then, in May this year, reports that Khan was accused of sexual assault, as first reported by the Wall Street Journal, broke just as Khan was reported to be seeking further arrest warrants for Israeli officials. The complainant told MEE that her complaint had 'nothing whatsoever to do with the Court's investigation into Palestine', and said she is not affiliated with, or acting on behalf of, any state or external actor. She said any suggestion that her complaint was politically motivated is 'highly inappropriate… offensive and unfounded'. She said she continued to support all investigations under the ICC's jurisdiction. French newspaper Le Monde on Friday also published details of a campaign against Khan and others working at the court. It quoted British lawyer Andrew Cayley, who oversaw the ICC's Palestine investigation, as saying that he had been told by Dutch intelligence that he was at risk. He said in December he had been directly threatened: "I was told I was an enemy of Israel and that I should watch my back." Cayley quit the court earlier this year after being warned by the British foreign office that he was at risk of being targeted by US sanctions. The judge who spoke on condition of anonymity told MEE the investigation into the complaint against Khan needed to look into allegations of suspected interference in the work of the prosecutor's office. He noted that a lot of people had an interest in damaging the prosecutor and the court, and said judges working at the court had always had to deal with "a political undercurrent from one source or another". Both judges told MEE their concerns were shared by a number of other former and current ICC judges. The court has faced punitive and hostile measures over its investigation into alleged Israeli war crimes. Khan was subjected to US sanctions in February, and the US sanctioned four current ICC judges in June. Speaking last month at a meeting of the ASP, the US State Department legal advisor, Reed Rubinstein, warned the court's oversight body that 'all options are on the table' if the arrest warrants against Netanyahu and Gallant are not withdrawn. It remains unclear when the investigation into Khan will be completed and what will happen next. In June, the ASP Presidency announced that the OIOS's final report would be sent for assessment to an external panel of judicial experts to help consideration of 'appropriate next steps'. It said the work of the panel would be conducted on a confidential basis. Asked for comment, the office of the ASP Presidency referred MEE to its public statements about the allegations against Khan and the OIOS investigation. It said the findings of the investigation would be 'handled in a transparent manner' once it was concluded.
Scoop
19-05-2025
- Politics
- Scoop
International Criminal Court: Deputies Take Over Amid Prosecutor Misconduct Probe
19 May 2025 In a statement on Monday, the prosecutors' office confirmed that deputies Nazhat Shameem Khan and Mame Mandiaye Niang are taking the lead, ensuring continuity across all cases and operations. The transition follows Prosecutor Khan's announcement on 16 May that he would temporarily step aside while the UN Office of Internal Oversight Services (OIOS) conducts an external inquiry into the allegations. The investigation into widely reported allegations of sexual misconduct is being conducted by the OIOS at the request of the ICC's governing body. Mr. Khan has denied the allegations. Although the ICC's Independent Oversight Mechanism typically handles such matters, the OIOS was brought in given the circumstances of the allegations and perceptions of possible and future conflicts of interest. Duty of care The prosecutors' office said it would fully cooperate with the investigation, while underscoring the need to protect the privacy and rights of everyone involved – emphasising the importance of safeguarding the integrity of the OIOS investigation. ' The Office is acutely aware of the duty of care it owes to all staff members and personnel, especially affected individuals,' the statement underscored. Impartial and fair process The Presidency of the Assembly of States Parties to the ICC – which elects the 18 judges – said on Sunday that the OIOS investigation was being carried out to ensure a full independent, impartial and fair process. 'The findings of the investigation will be handled in a transparent manner in accordance with the Rome Statute and the legal framework of the Court,' it noted. Upholding ICC's mandate In assuming leadership, the Deputy Prosecutors underlined the importance of ensuring continuity of the office's activities across all areas of work, and particularly in its mission to investigate and prosecute the most serious crimes – genocide, war crimes, crimes against humanity and the crime of aggression – with independence and impartiality. Court in the spotlight The Prosecutor's leave of absence comes at a sensitive moment for the ICC, which is conducting investigations and prosecutions across multiple conflict zones, including Afghanistan, the Democratic Republic of the Congo, Libya, Sudan (Darfur) and Ukraine. Last November, the ICC issued arrest warrants for senior Israeli officials, prompting the United States to announce punitive sanctions against the Court. These include measures against senior personnel – including Prosecutor Khan – with threats of arrest should they travel to the US. Relationship with the United Nations The International Criminal Court (ICC) is an independent judicial body established under the Rome Statute, adopted in 1998 and in force since not part of the United Nations, the ICC works closely with it under a cooperative framework. The UN Security Council can refer situations to the ICC, enabling the Court to investigate and prosecute most serious crimes. Notable referrals include the situations in Darfur, Sudan (2005) and Libya (2011). In return, the ICC reports to the Security Council when needed involving referrals.
Yahoo
16-05-2025
- Politics
- Yahoo
ICC prosecutor to step aside until probe into alleged misconduct ends
The chief prosecutor of the International Criminal Court (ICC), Karim Khan, has taken a leave of absence pending the conclusion of UN-led investigation into allegations of sexual misconduct against him. Khan's office said on Friday that he had informed colleagues he would step aside until the UN Office of Internal Oversight Services (OIOS) wraps up its probe. The OIOS has been conducting the external investigation since December, following complaints raised with the ICC's oversight body. Khan has denied the allegations, which were first reported in October last year. The court said that he would remain on leave until the inquiry concludes, though a timeline for its completion remains unclear. During his absence, the court's two deputy prosecutors will assume his responsibilities. Khan's decision to step aside temporarily follows months of growing pressure from human rights groups and some court officials, who had urged him to withdraw while the investigation was ongoing. 'Stepping aside helps protect the court's credibility and the trust of victims, staff, and the public. For the alleged victim and whistleblowers, this is also a moment of recognition and dignity,' said Danya Chaikel of human rights watchdog FIDH. The court has not confirmed when the OIOS investigation will conclude, but the case comes at a time of rising global scrutiny of the ICC's role and credibility. The decision comes as the court is pursuing high-profile investigations, including into Russia's assault on Ukraine and Israel's war on Gaza. Khan requested arrest warrants for Russian President Vladimir Putin for the alleged unlawful deportation of Ukrainian children, and for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for alleged war crimes in Gaza. The United States, a vocal critic of the court's recent moves, imposed sanctions on Khan over his pursuit of Israeli officials. ICC leadership has since warned that such political attacks could endanger the institution's survival.
Al Jazeera
16-05-2025
- Politics
- Al Jazeera
ICC prosecutor to step aside until probe into alleged misconduct ends
The chief prosecutor of the International Criminal Court (ICC), Karim Khan, has taken a leave of absence pending the conclusion of UN-led investigation into allegations of sexual misconduct against him. Khan's office said on Friday that he had informed colleagues he would step aside until the UN Office of Internal Oversight Services (OIOS) wraps up its probe. The OIOS has been conducting the external investigation since December, following complaints raised with the ICC's oversight body. Khan has denied the allegations, which were first reported in October last year. The court said that he would remain on leave until the inquiry concludes, though a timeline for its completion remains unclear. During his absence, the court's two deputy prosecutors will assume his responsibilities. Khan's decision to step aside temporarily follows months of growing pressure from human rights groups and some court officials, who had urged him to withdraw while the investigation was ongoing. 'Stepping aside helps protect the court's credibility and the trust of victims, staff, and the public. For the alleged victim and whistleblowers, this is also a moment of recognition and dignity,' said Danya Chaikel of human rights watchdog FIDH. The court has not confirmed when the OIOS investigation will conclude, but the case comes at a time of rising global scrutiny of the ICC's role and credibility. The decision comes as the court is pursuing high-profile investigations, including into Russia's assault on Ukraine and Israel's war on Gaza. Khan requested arrest warrants for Russian President Vladimir Putin for the alleged unlawful deportation of Ukrainian children, and for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for alleged war crimes in Gaza. The United States, a vocal critic of the court's recent moves, imposed sanctions on Khan over his pursuit of Israeli officials. ICC leadership has since warned that such political attacks could endanger the institution's survival.
