A sexual misconduct probe against ICC's chief prosecutor says he engaged in 'serious misconduct'

Karim Khan, Prosecutor of the International Criminal Court, looks up prior to a press conference in The Hague, Netherlands, July 3, 2023. (AP Photo/Peter Dejong)

THE HAGUE, Netherlands — An investigation into sexual misconduct allegations against the embattled chief prosecutor of the International Criminal Court found he had engaged in “serious misconduct” and “serious breach of duty,” according to documents seen by The Associated Press on Tuesday.

The 21-member executive committee of the court’s oversight body, the Bureau of the Assembly of States Parties, on Monday voted to suspend British barrister Karim Khan and refer him for further disciplinary proceedings.

The 56-year-old faces allegations of sexual misconduct with a female aide, in a scandal that has dragged on for more than two years. Khan has steadfastly denied any wrongdoing.

Through his lawyers, Khan rejected the decision, calling it “unlawful, procedurally unfair and unsupported by evidence.” His legal team vowed to “take all necessary steps to challenge the decision, protect his rights, and ensure that due process is upheld.”

In April, a U.N. investigation that found evidence he had “nonconsensual sexual contact” with his aide “in his office, at his private residence” and while on a mission, according to a copy of its report seen two months ago by the AP.

However, a three-judge panel selected by the executive committee for a legal assessment of the findings found that the U.N. investigation was not conclusive enough. The ICC operates independently of the United Nations.

Khan already temporarily stepped down in May 2025, pending the outcome of the investigation. The process is unprecedented for the court, which has had to create new regulations for this situation.

Monday’s announcement did not mention Khan’s alleged victim in the case, who has also been on leave from the court.

Danya Chaikel of the International Federation for Human Rights, told the AP that the very omission of the victim’s name shows “the wider problem: the woman at the center of this process is almost invisible, as she has too often been throughout this process.”

The ICC prosecution office said it was “acutely aware of the duty of care” it owes all staff and personnel, and would ”continue to place critical importance on ensuring a safe working environment and respectful workplace culture for all personnel.”

The final decision on Khan’s fate is now up to the Assembly of States Parties, which oversees the ICC. The assembly is to hold a special session to decide if Khan can remain in his job at the global court, though no date has been set for the session.

The ICC president, Judge Tomoko Akane, called on the assembly to finalize the process “with the highest priority.”

Khan has been the court’s chief prosecutor since 2021. His work has been hampered by sanctions slapped on him and other court officials by the Trump administration over the ICC investigations into U.S. ally Israel.

Molly Quell, The Associated Press