ICC prosecutor in Du30 case on leave amid sexual misconduct probe
THE HAGUE—The prosecutor of the International Criminal Court (ICC), Karim Khan, has stepped aside temporarily as an investigation by the United Nations into alleged sexual misconduct by him nears its end, his office said on Friday.
The move is unprecedented and there is no clear procedure for replacing Khan.
The situation creates added uncertainty for the ICC, which is already facing an existential crisis due to US sanctions over its arrest warrants for Israeli officials led by Prime Minister Benjamin Netanyahu.
PH ‘drug war’ probe
Khan’s office said the prosecutor had taken leave until the end of the investigation by the UN Office of Internal Oversight Services.
It was not immediately clear how Khan’s decision would affect his involvement in the case of former President Rodrigo Duterte at the ICC.
Under Khan, the ICC’s Office of the Prosecutor (OTP), an independent organ of the court, investigated the brutal “drug war” waged by Duterte—from his years as Davao City mayor and later as president—that left thousands dead in questionable police operations and vigilante-style killings.
A warrant secured by the OTP from the ICC Pre-Trial Chamber I for the arrest of Duterte was served on the former president in Manila on March 11.
The International Criminal Police Organization (Interpol) received assistance from the Marcos administration to have him secured and flown to the ICC detention facility in The Hague, the Netherlands, on the same day.
‘No intention’ to resign
Khan entered his appearance as chief prosecutor at Duterte’s first hearing before the pretrial chamber on March 14. The next hearing is scheduled for Sept. 23.
According to Filipino human rights lawyer Kristina Conti, Khan’s decision to temporarily step aside from his role as the ICC prosecutor was not a cause for concern among the families of drug war victims.
“There is a deputy prosecutor who assists him in the (Philippines) situation so we aren’t too worried. Mame Mandiaye Niang has been on this case since 2022 I think, as soon as he was appointed as deputy,” Conti told the Inquirer.
“We are closely monitoring court orders and see that things are going along per schedule,” noted Conti.
For Conti and the victims she is assisting at Rise Up for Life and Rights, Khan’s move is a welcome development as it shows “how accountability should work.”
In a written statement, Khan’s attorneys rejected all allegations of wrongdoing. They said he said he had taken leave because media attention on the matter affected his ability to focus on his work but added that he did not intend to resign.
“Our client remains the prosecutor, has not stepped down and has no intention of doing so,” law firm Carter-Ruck said.
‘Court’s credibility’
In a letter sent to his staff and seen by Reuters, the prosecutor said he had been keeping his position under constant review. “In light of escalating media reports, I have made the considered decision to take leave,” Khan said.
“My decision is driven by a deep and unwavering commitment to the credibility of our office and the court, and to safeguard the integrity of the process and fairness to all involved,” he said.
Khan had earlier ignored calls by nongovernmental organizations (NGOs) and ICC staff to step down while the investigation was under way.
Several of those NGOs on Friday hailed his decision to temporarily step aside as a sign that no one is above the law.
“Stepping aside helps protect the court’s credibility and the trust of victims, staff, and the public. For the alleged victim and whistleblowers, this is also a moment of recognition and dignity,” said Danya Chaikel of human rights watchdog FIDH.
Others said Khan’s leave would not derail the ICC’s investigations as the office of the prosecutor is not a one-man show.
“In fact, removing an individual whose alleged behavior may have fueled a toxic work culture may strengthen the office’s ability to carry out its mandate with professionalism and public trust,” Alix Vuillemin of the Women’s Initiatives for Gender Justice said.
