The governing body of the International Criminal Court (ICC) plans to launch an external probe into alleged sexual misconduct by its chief prosecutor Karim Khan, Reuters reported, citing two sources with knowledge of the situation.
A confidential internal document distributed to ICC member states calls for Khan to temporarily relinquish his position at the Hague-based war crimes tribunal during the investigation. ICC staff circulated this undated, unsigned document, which Reuters reviewed.
When asked for comment, Khan's office directed inquiries to his legal representation.
After allegations of misconduct were brought to the court's governing body in October, Khan denied them and requested an investigation by the court's internal oversight mechanism.
The decision to conduct an external investigation was made during a Thursday meeting of key members of the court's Assembly of States Parties, according to a source familiar with the discussions. The identity of who will lead the investigation remains unclear.
The circulated document argues that when the allegations first surfaced, the court's independent internal conduct assessment body should have initiated a formal investigation immediately.
According to one source close to the matter, the alleged victim lacks confidence in the internal body's independence, as the incoming head previously worked under Khan. This concern arose after details about the alleged misconduct reports were leaked.
The allegations against Khan have surfaced during a sensitive time for the ICC, as a panel of three ICC judges is currently considering requests from Khan to issue arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes in Gaza.
In August, Khan pressed the pretrial chamber to issue an urgent decision, reaffirming that the court has jurisdiction to investigate Israeli citizens. More recently, he urged the judges to expedite the decision.
Since Israel is not a member of the ICC, even if arrest warrants are issued, Netanyahu and Gallant are not at immediate risk of prosecution but the threat of arrest could complicate their international travel.
Critics have stated that Khan learned of the allegations weeks before his May request for the arrest warrants for Netanyahu, Gallant, and three Hamas leaders.
While Khan stopped short of directly accusing Israel of being behind the allegations, his public denial mentioned that he and the ICC have been the targets of “a wide range of recent attacks and threats” in recent months.
However, a months-long investigation by The Guardian found no evidence of Israeli or other foreign involvement in the core allegations against Khan.