Former International Criminal Court (ICC) judges on Saturday criticized the handling of ICC chief prosecutor Karim Khan’s sexual misconduct case, questioning UN oversight office actions like the public naming of Khan in the complaint and outsourcing investigation work to third parties.
Former ICC judge Cuno Tarfusser, alongside a former judge who remained anonymous, reportedly said that Khan was “denied due process and the right to privacy,” citing concerns over the publicization of Khan’s involvement in the case while adding that the court’s handling of the complaint will discourage future complainants from coming forward.
“I am deeply disturbed, even scandalised, by the way the proceedings against Karim Khan seem to be unfolding,” Tarfusser said.
In October 2024, several anonymous allegations appeared online accusing Khan of sexual misconduct towards an ICC associate. The following month, the Assembly of States Parties to the ICC, led by Finnish ambassador Päivi Kaukoranta, announced that an external investigation would be conducted by the Office of Internal Oversight Services (OIOS).
According to reports, the timing of sexual misconduct allegations against Khan raised concerns over attempts to undermine ICC’s work. Particularly, the report claims that, as Khan prepared arrest warrants for Israeli officials, sexual harassment complaints against him surfaced and later became public.
In July, reports surfaced claiming that a member of Israeli Prime Minister Benjamin Netanyahu’s legal team allegedly threatened Khan and his wife. The threat followed requests from Israeli authorities to make ICC arrest warrants for Israeli officials “confidential,” including the warrant for Netanyahu.
The complainant who raised accusations against Khan has stated that her actions have no connect to the arrest warrants against Israeli officials or work related to any intelligence agency, and she has emphasized her support for every ICC investigation.
The OIOS, an independent office within the UN Secretariat, investigates misconduct through a fact-finding process, reporting its findings to the UN Secretary-General and the United Nations General Assembly. OIOS procedures for investigations emphasize that the office should take all the necessary measures to protect the confidentiality of both complainants and the individuals under investigation.
