The chief prosecutor of the international criminal court in The Hague is facing calls from his own staff for an independent external investigation into sexual misconduct allegations against him.
Karim Khan is the subject of allegations, details of which have emerged in recent weeks, about his conduct towards a woman who previously reported directly to him.
On Monday, Khan announced in a social media post he had asked the court’s internal watchdog to open an “immediate investigation” and said he would “cooperate fully with that inquiry”.
However, senior ICC officials have told the Guardian there are concerns among court staff about the independence of the inquiry, with some fearing it could be used to retaliate against those who raised the alarm.
Four sources from the prosecutor’s office also expressed concerns about a potential appearance of a conflict of interest as the incoming head of the court’s internal watchdog, known as the independent oversight mechanism (IOM), currently works for Khan.
The allegations against Khan, which are understood to span a 12-month period to April of this year, have emerged at an acutely sensitive moment for the ICC and prompted an unprecedented crisis at the judicial body, a court of last resort that prosecutes individuals accused of atrocities.
In recent days, opponents of the ICC have sought to exploit the claims as a panel of its judges continue to consider requests by the prosecutor to issue arrest warrants for Israeli leaders for alleged war crimes and crimes against humanity committed in Gaza.
Khan, a British barrister whose nine-year term as ICC prosecutor began in 2021, had convened a small group of close advisers to help deal with the crisis, sources said.
The prosecutor’s request for a new investigation came as the court’s governing body, which is made up of member states, is understood to be considering how the allegations should be investigated and what form an inquiry should take.
The presidency of the governing body, the assembly of state parties (ASP), did not respond to questions about the inquiry ordered by Khan.
He announced the inquiry on Monday in a statement posted on X shortly after the Guardian reported allegations that Khan had tried to persuade his former colleague to deny the claims against him and that he took steps to deter her from formally pursuing the matter.
His statement said he had notified the presidency of the ASP that he had requested the head of the independent oversight mechanism “to open an immediate investigation under the umbrella of the IOM into misconduct allegations and surrounding circumstances relating to the official processes of the court and what appears to be disinformation”.
The allegations against Khan, 54, include unwanted sexual touching and “abuse” over an extended period, according to a document seen by the Guardian. Multiple ICC sources said the allegations also included coercive sexual behaviour and abuse of authority.
Lawyers for Khan said he “denies any misconduct” and “it would not be appropriate to comment further in light of the prospective investigation”. The alleged victim, a lawyer in her 30s who worked directly for Khan, has declined to comment.
ICC sources said they believed the incoming head of the IOM could be conflicted and unable to oversee an investigation into the situation owing to his current role working under Khan. The mid-ranking official, who was appointed by the governing body, will take up his new post in early December after leaving a role in the prosecutor’s office where he leads some of its investigative activities.
“The IOM is meant to be independent and impartial,” one of the sources said. “Having a former [prosecutor’s office] staff member as the IOM head is insane. Essentially you’re asking him to investigate his former boss.”
The incoming head of the IOM declined to comment. Its current head, who oversaw a short-lived inquiry into the allegations in May, did not respond to a request for information about Khan’s announcement.
According to sources with knowledge of Khan’s handling of the situation, the prosecutor’s request to the IOM was being regarded internally as an attempt to seize the initiative and set the terms of an inquiry. They pointed to his demand the IOM investigate “surrounding circumstances relating to the official processes of the court and what appears to be disinformation” in addition to the allegations against him.
Multiple ICC sources claimed this was an attempt to encourage the watchdog to investigate individuals at the ICC who brought the allegations to light. “[Khan] is firing back asking for an investigation into the leaks,” one of the individuals claimed.
The internal controversy of how the allegations should be investigated comes after the ICC’s staff union council said last week that any alleged misconduct committed by one of the court’s elected officials, such as the prosecutor, should be subject to an external inquiry.
In an email to staff, the union said: “We call for a prompt, independent and thorough investigation led by an external panel free from any potential conflict of interest. We insist that this panel respects the highest standards of confidentiality and impartiality.”
The union is understood to be seeking the views of its members about what further action it should take.
