ICC’s chief prosecutor, Karim Khan, to step aside until investigation ends
International criminal court confirms move after latest news reports about details of alleged sexual misconduct
The chief prosecutor of the international criminal court, Karim Khan, will take a leave of absence until an investigation into allegations of sexual misconduct reaches a conclusion, the court has confirmed.
Staff in the ICC’s prosecution division were told on Friday that Khan would temporarily step aside until an external investigation examining the allegations against him was completed and court authorities could consider its findings.
The Hague-based court said in a statement that Khan “communicated his decision to take leave until the end” of the investigation. While Khan is on leave, the court’s deputy prosecutors will be in charge of managing the prosecutor’s office, the statement said.
Khan, a British lawyer, has faced a backlash from many of his staff in recent months over his decision to resist calls from some of his most senior staff to take a leave of absence until the investigation is resolved.
In an email to staff seen by the Guardian, Khan said: “In light of escalating media reports, I have made the considered decision to take leave until the completion of the investigation.” He said his two deputy prosecutors would take over his responsibilities.
ICC sources said Khan’s decision followed renewed pressure earlier this week from senior court officials who urged him to step aside after new details of the allegations were published in the media over the weekend.
Investigators from the UN watchdog conducting the investigation are understood to have met Khan for the first time last week, interviewing him over two days.
The inquiry was announced in November after allegations emerged about his treatment of a woman who worked for him. The Guardian reported that the allegations include unwanted sexual touching and “abuse” over an extended period, as well as coercive behaviour and abuse of authority.
Lawyers for Khan, 55, have previously said that he “denies the whole of the allegations” and said he would cooperate with the inquiry.
The investigation, which is being conducted by the UN’s Office of Internal Oversight Services (OIOS), will send its report to the president of the court’s governing body to review its conclusions.
According to sources familiar with the inquiry’s terms of reference, it is also examining claims that Khan engaged in witness intimidation and retaliation against members of his staff.
Khan was elected in 2021 to serve a nine-year term as chief prosecutor of the permanent court of last resort, which investigates and prosecutes individuals accused of atrocities, including genocide, war crimes and crimes against humanity.
In a statement, the International Federation for Human Rights (FIDH) said it welcomed Khan’s decision, describing it as “essential to protect the integrity of the court, ensure investigations continue without interference, and begin to rebuild the trust of victims, staff and the public”.
“This was the only responsible decision. No one is above accountability — not even the prosecutor of the ICC,” it added.
Khan’s deputies – Nazhat Shameem Khan from Fiji and Mame Mandiaye Niang from Senegal – will assume responsibility of the prosecutor’s office of around 450 staff at a sensitive moment for the ICC.
The court is bracing for a fresh round of US sanctions after Donald Trump imposed economic and travel sanctions against Khan in February in response to the court’s decision last year to approve arrest warrants against the Israeli prime minister, Benjamin Netanyahu, and his former defence minister Yoav Gallant.
The deputies will take charge of the investigation into alleged crimes in the occupied Palestinian territories. Last month, the Guardian reported that Khan was preparing new applications for Israeli suspects in connection to alleged war crimes and crimes against humanity.
It is not clear how long Khan will be absent from the court. The OIOS investigation, now in its sixth month, has interviewed several court staff in addition to Khan and the alleged victim.
If Khan is found to have committed “serious misconduct” or a serious breach of his duties, he will face a secret ballot in which the ICC’s 125 member states will vote on whether to remove him from office.