AMSTERDAM, Netherlands, March 26 - Allegations of sexual misconduct involving the chief prosecutor of the International Criminal Court remain under review by the court's executive branch, according to an internal memo circulated to staff on Sunday.
The subject of the inquiry, ICC Chief Prosecutor Karim Khan, who leads investigations into war crimes, crimes against humanity and genocide, has temporarily stepped aside while the probe continues. The allegations concern an asserted non-consensual sexual relationship with a lawyer in his office. Khan denies any wrongdoing.
Status of the review
In correspondence following publication of a report on Sunday, Khan's legal team said the ICC's governing body was due to meet to consider the advice and conclusions produced by an external panel of judges. That panel's report has not been made public. Two sources with direct knowledge said no decision was taken at the meeting held on Monday.
Khan's lawyers also conveyed the panel's written conclusion in an email: "The judges produced a lengthy, reasoned analysis, unanimously concluding that the factual findings do not establish misconduct or breach of duty. What remains is for the politicians in the Bureau to confirm the assessment of the Panel."
Executive branch statement
The President of the Assembly of States Parties (ASP) - the ICC's executive branch - issued a statement on Monday confirming that the disciplinary process before the Bureau is ongoing and remains confidential. The statement said: "No decisions have been taken, and no weight should be given to or conclusions drawn from media speculations."
The statement added: "The matters are complex, and the Bureau is working diligently to make its decision in a proper manner and without delay with full respect for the due process rights and privacy of all persons affected."
The court did not respond to a separate request for comment.
Reporting and outside reactions
A news report on Saturday by Middle East Eye said the panel of judges had cleared Khan. A spokesperson for Middle East Eye said: "Middle East Eye reported accurately that the panel of judges had concluded in their report that they had not established any case of misconduct or breach of duty against Karim Khan based on their review" of a report prepared by the UN Office of Internal Oversight Services and its supporting evidence.
That UN office, after a year-long inquiry, submitted a confidential fact-finding report to the ASP in December.
Wider context and consequences
The investigation into Khan's conduct has run parallel to U.S. sanctions imposed on him and other ICC prosecutors and judges. Those sanctions were connected to the court's investigations into alleged Israeli war crimes in Gaza - investigations that led to the indictment of Prime Minister Benjamin Netanyahu. The combination of sanctions and the temporary loss of the chief prosecutor has placed the ICC under considerable strain.
The ICC, which describes itself as the world's court of last resort for international crimes, has 125 member states. Its membership does not include China, Russia or the United States, countries that have been critical of Khan's issuance of arrest warrants for sitting leaders, including Russian President Vladimir Putin and Prime Minister Benjamin Netanyahu.
Next steps
As matters stand, the Bureau of the Assembly of States Parties continues its confidential disciplinary deliberations. No final determination has been announced, and the Bureau has indicated it will proceed with respect for due process and privacy as it reaches a conclusion.