The British chief prosecutor of the International Criminal Court has been accused of misconduct amid harassment claims involving a female colleague, The Mail on Sunday can reveal.
Karim Khan KC, a barrister tasked with bringing war criminals to justice, triggered outrage in May after requesting arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and defence minister Yoav Gallant for alleged crimes against humanity in Gaza.
The shock move was condemned as ‘outrageous’ by President Joe Biden and ‘deeply unhelpful’ by then Prime Minister Rishi Sunak.
Our investigation can reveal that in the fortnight before his bombshell announcement, Mr Khan, 54, faced internal scrutiny at the International Criminal Court (ICC), in the Hague, Netherlands.
Sources claim a female official at the court made claims about Mr Khan’s conduct to a colleague, who in turn informed senior managers.
A lawyer who called for Benjamin Netanyahu to be arrested for ‘war crimes’ has been accused of misconduct by a female colleague
Karim Khan KC denied any wrongdoing and suggested that he had been deliberately smeared
The MoS understands the woman was so upset she was in tears.
Officials from a body called the Independent Oversight Mechanism (IOM), which probes misconduct allegations at the court, quizzed the ‘alleged victim’ but she decided not to make a formal complaint, it was officially stated.
It was also suggested that the woman refused to confirm or deny the account given to the managers by her colleague.
The IOM decided not to launch an investigation and instead recommended a series of undisclosed measures ‘to safeguard everyone’s rights’.
Mr Khan denied any wrongdoing and suggested a deliberate smear campaign, saying he and the court were being subjected ‘to a wide range of attacks and threats’.
‘I absolutely can confirm there is no truth to suggestions of misconduct.’
In a statement to the MoS, Paivi Kaukoranta, President of the Assembly of States Parties, which oversees the court, said she was aware of public reports about alleged misconduct by the ICC Prosecutor towards a member of staff, and that the IOM was informed by a third-party.
She added: ‘Following the conversation with the alleged victim, the IOM was not in a position to proceed with an investigation at that stage.
‘The Court has a zero-tolerance policy towards prohibited conduct, such as harassment, including sexual harassment, discrimination and abuse of authority. Any reports of misconduct are taken very seriously, with full respect for the presumption of innocence, as well as the duty of care towards ICC personnel.’
Father-of-two Khan was elected as the ICC prosecutor in 2021 – the first Briton to hold the high-profile role. In 2023 he was instrumental in the ICC issuing an arrest warrant for Russian President Vladimir Putin. The Kremlin put him on a ‘wanted’ list. But his announcement on May 20 that he had asked judges for arrest warrants for Netanyahu and Gallant – along with Hamas terror leaders Yahiya Sinwar, Mohammed Deif and Ismail Haniyeh –sparked worldwide condemnation.
Instead of waiting for judges to decide or sign warrants, he revealed his plans in an announcement on the court’s website.
In a furious statement, Mr Biden said: ‘…let me be clear: whatever this prosecutor might imply, there is no equivalence – none – between Israel and Hamas.’
Netanyahu called it a ‘moral outrage of historic proportions’. Gallant branded it ‘despicable.’
Rishi Sunak’s Government issued a legal challenge, questioning the ICC’s jurisdiction over Israeli citizens. In a move slammed by Jewish groups, Sir Keir Starmer’s Labour Government later said it would not object to Khan’s request, saying the warrants were a matter for the courts to decide.
Labour Friends of Israel said No 10’s decision was ‘deeply disappointing’, while the Board of Deputies of British Jews said it was a ‘regretful and regressive step’.
The MoS has learnt that earlier this year a female ICC official made allegations about Mr Khan’s conduct to a colleague, who felt duty-bound to inform managers.
Despite claims that the woman declined to pursue a formal complaint, the controversy reignited on Thursday when allegations were posted on an new and anonymous Twitter account.
On Friday the IOM published its annual report, which appeared to refer to the case involving Mr Khan, although the prosecutor was not mentioned by name.
It said that on May 3 the IOM had been told about allegations that an elected official engaged in behaviour that would have breached the court’s ‘harassment’ rules.
The report said the IOM told the alleged victim it could refer any investigation to an external organisation but she still ‘declined to pursue a formal complaint’.
Last night, in a 350-word statement to the MoS, Mr Khan said: ‘It is with deep sadness that I understand reports of this nature are to be aired publicly in relation to me.’
He added: ‘This is a moment in which myself and the International Criminal Court are subject to a wide range of attacks and threats. In recent months my family including my wife and child have also been targeted.’
Mr Khan (left) pictured with Turkish President Recep Tayyip Erdogan at the International Criminal Court (ICC)
In May the Guardian newspaper and two Israeli-based magazines claimed that Israel has run a nine -year ‘war’ against the ICC.
They claimed Mossad and Israel’s other intelligence agencies had been deployed to watch, pressure and smear ICC staff in a bid to derail the court’s inquiries.
Mr Khan said that he would cooperate with the IOM, if he was required to do so.
‘Where there are any types of reports of this nature it is essential that they are thoroughly listened to, examined and subjected to a proper process.
‘The use of a fair process is particularly essential in the context in which the ICC is currently operating, so as to protect the rights of all persons.
‘If ever asked to do so, I would be willing to provide any information needed to the IOM and do anything required of me.’
He said he had worked around the world for 30 years and ‘there has never been such a complaint lodged against me by anyone.’
‘I underline that I stand with any victim of sexual harassment or abuse and would encourage all survivors to raise their voice and come forward with such accounts wherever they may occur. I have always been supportive of a proactive approach in this regard.’
Additional reporting: Josh Boswell
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